Legislator Case Law & Legislation
I PKN 60/98 AI generated

Employer salary increase offer constitutes a change of employment contract terms accepted by tacit agreement.

Case Number I PKN 60/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal regarding her employment status and salary. The lower courts found that the employer's written offer for a salary increase constituted a change to the employment contract terms, which the employee accepted tacitly by returning to work. The court rejected the argument that such a change required a formal notice of termination or that filing a lawsuit implied rejection of the new offer.

Legislator headnote

AI generated

Art. 29 § 3 KP; Art. 52 § 1 pkt 1 KP: An employer's offer to increase salary constitutes a change of employment contract terms accepted by tacit agreement, not a notice of termination, and filing a lawsuit does not imply rejection of the new offer.

Keywords

AI generated
employment contract modification tacit acceptance of terms salary increase offer change of job conditions labor law procedure

Cited Legislation

AI generated
Art. 29 § 3 KP
Art. 52 § 1 pkt 1 KP
Art. 393 § 12 KPC

Cited Case Law

AI generated
I PRN 51/76
I PZP 5/78
I PRN 117/79
I PRN 103/83

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