I PKN 235/98
AI generated
Supreme Court dismissed appeal; employer's discretionary bonus claim failed due to collective agreement restrictions on management remuneration.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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.