I PKN 366/98
AI generated
Written consent for salary deductions is mandatory; oral agreement is void under Polish Labor Law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court partially allowed the plaintiff's cassation appeal regarding unpaid salary deductions. The court found that the bank's deductions without written employee consent violated mandatory statutory requirements, rendering the action void and unlawful. Consequently, the court upheld the lower court's order for the return of the deducted amount but remanded the case to determine accessory interest claims.
Legislator headnote
AI generatedArt. 91, Art. 300 of the Labor Code; Art. 58 of the Civil Code: Written consent is a mandatory requirement for salary deductions beyond those listed in Art. 87; oral consent is void and cannot validate unlawful deductions.
Keywords
AI generated
written consent requirement
salary deductions
void legal act
labor law mandate
accessory interest claims
improper execution
cassation procedure
Cited Legislation
AI generatedArt. 91 of the Labor Code
Art. 300 of the Labor Code
Art. 58 § 1 of the Civil Code
Art. 8 of the Labor Code
Art. 481 § 1 of the Civil Code
Art. 39313 of the Code of Civil Procedure
Art. 3935 of the Code of Civil Procedure
Art. 3938 § 1 of the Code of Civil Procedure
Art. 39312 of the Code of Civil Procedure