Legislator Case Law & Legislation
I PKN 628/98 AI generated

Supreme Court dismissed cassation; internal adjustment mechanism in collective agreement did not apply to protocol changes.

Case Number I PKN 628/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a dairy cooperative against an employee's claim for unpaid functional allowance. The employee argued that the collective agreement lacked an internal adjustment mechanism, violating the 1984 Act, while the employer contended that subsequent changes were validly made via additional protocols. The court ruled that since the agreement contained no such mechanism, the 1984 Act's provisions were inapplicable, and the employer's use of additional protocols to modify the allowance was legally permissible.

Legislator headnote

AI generated

Art. 4 ust. 2 ustawy z dnia 26 stycznia 1984 r. o zasadach tworzenia zakładowych systemów wynagradzania; Art. 6 ust. 5 tej ustawy; When a collective agreement lacks an internal adjustment mechanism for financial difficulties, changes to remuneration must follow general rules via additional protocols rather than the specific adjustment provisions of the 1984 Act.

Keywords

AI generated
collective agreement internal adjustment mechanism financial difficulties additional protocols functional allowance labor law cassation appeal

Cited Legislation

AI generated
Art. 4 ust. 2 of the Act of 26 January 1984 on the principles of creating internal wage systems
Art. 6 ust. 5 of the Act of 26 January 1984 on the principles of creating internal wage systems
Art. 5 ust. 1 pkt 2 of the Act of 29 September 1994 on changing the Act on the Labour Code

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