Legislator Case Law & Legislation
I PKN 74/99 AI generated

Lawyer's salary cannot be lower than main specialist's if such post exists in employer's wage regulations.

Case Number I PKN 74/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially allowed Danuta C.'s claim for salary equalization against a tannery, overturning the appellate court's dismissal. The plaintiff argued her lawyer's salary should match the 'main specialist' rate, while the defendant contested the equivalence of her role to technical specialists. The court ruled that the statutory guarantee requires comparing the lawyer's pay to the specific 'main specialist' post defined in the employer's wage rules, regardless of differing job titles or responsibilities.

Legislator headnote

AI generated

art. 22 ust. 1 ustawy z dnia 6 lipca 1982 r. o radcach prawnych; The statutory guarantee prohibiting a lawyer's salary from being lower than that of a main specialist applies whenever such a post is defined in the employer's wage regulations, mandating a direct comparison of remuneration without considering differences in job titles or scope of duties.

Keywords

AI generated
lawyer salary guarantee main specialist post wage regulations comparison statutory minimum pay employment status equivalence

Cited Legislation

AI generated
art. 22 ust. 1 ustawy z dnia 6 lipca 1982 r. o radcach prawnych
art. 233 § 1 KPC
art. 382 KPC
art. 328 § 2 KPC
art. 385 KPC
art. 386 § 6 KPC
art. 393 § 1 KPC

Cited Case Law

AI generated
I PZP 47/92

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