Legislator Case Law & Legislation
I PKN 475/98 AI generated

Employee's claim for foreign contract value rejected; wage based on domestic employment agreement only.

Case Number I PKN 475/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal regarding a dispute over wages earned while working abroad. The lower courts found that the employee's wage was fixed by a domestic employment contract at a specific USD equivalent, while a separate commercial contract between the employer and a foreign firm determined the total amount received from that third party. The court ruled that the employee cannot claim the full foreign contract value as their wage because the employer must retain a portion of those funds to cover domestic operational costs and profit.

Legislator headnote

AI generated

Art. 388 § 1, Art. 917, Art. 918 § 1 KC; The employee's remuneration is determined solely by the domestic employment contract, excluding amounts derived from a separate commercial agreement between the employer and a foreign entity.

Keywords

AI generated
employment contract foreign work wage determination commercial contract remuneration scope employer profit cassation appeal

Cited Legislation

AI generated
Art. 388 § 1 KC
Art. 917 KC
Art. 918 § 1 KC
Art. 393 § 1 KPC

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