Supreme Court dismissed cassation; internal adjustment mechanism in collective agreement did not apply to protocol changes.
Legislator summary
AI generatedThe 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 generatedArt. 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.