Legislator Case Law & Legislation
I PKN 235/98 AI generated

Supreme Court dismissed appeal; employer's discretionary bonus claim failed due to collective agreement restrictions on management remuneration.

Case Number I PKN 235/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal regarding unpaid discretionary bonuses for the board chairman. The lower courts ruled that the bonus was discretionary and depended on the Supervisory Board's approval, which was never granted during the disputed period. The Supreme Court upheld this decision, noting that the collective agreement explicitly prohibited setting remuneration rules for persons managing the employer, rendering the bonus agreement unenforceable.

Legislator headnote

AI generated

Art. 241 § 2 KP; Art. 5 ust. 1 Poro: Where a collective agreement does not regulate remuneration for persons managing the employer, such remuneration remains subject to the employer's free assessment and cannot be claimed as a contractual right.

Keywords

AI generated
collective agreement management remuneration discretionary bonus Supervisory Board labor law

Cited Legislation

AI generated
Art. 241 § 2 KP
Art. 5 ust. 1 Poro
art. 393 § 12 KPC
art. 98 KPC
§ 15 ust. 4 pkt 3
§ 7 pkt 5 rozporządzenia Ministra Sprawiedliwości z dnia 12 grudnia 1997 r.

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