Legislator Case Law & Legislation
III ZP 27/98 AI generated

Supreme Court allows profit share claim based on registered collective agreement, rejecting need for shareholder resolution.

Case Number III ZP 27/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether a collective agreement could serve as the basis for a profit share award. The lower courts debated if a shareholder resolution was required after privatization, but the Supreme Court ruled that the registered collective agreement was sufficient. The court held that the agreement creates direct rights for employees and that the analogy between shareholder and employee assemblies does not require a new shareholder vote.

Legislator headnote

AI generated

Art. 393 § 1 KC; Art. 300 KP; Art. 6 ust. 1 Ust. z dnia 29 września 1994 r. nowelizującej Kodeks pracy: A registered collective agreement between an employer and a trade union constitutes a valid basis for employees to claim a profit share directly from the employer, without requiring a separate resolution from the shareholders' meeting.

Keywords

AI generated
profit share award collective agreement privatization shareholder resolution labor law direct claim registered agreement

Cited Legislation

AI generated
Art. 393 § 1 KC
Art. 300 KP
Art. 6 ust. 1 Ust. z dnia 29 września 1994 r. nowelizującej Kodeks pracy
Art. 390 § 2 KPC

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