Supreme Court quashes award for meal allowance due to undefined piece-rate system violating labor law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's award of 354 DM for meal allowances, remanding the case for a new decision. The plaintiff, a mason working in Germany, argued that the piece-rate system in the contract annex unfairly shifted business risks to him without defining the hourly rate or work norms. The court held that such an undefined piece-rate system is invalid under labor law because it fails to meet the requirement of precise definition and imposes excessive risk on the employee.
Legislator headnote
AI generated§ 8 ust. 1 uchwały Rady Ministrów z dnia 3 maja 1989 r.; art. 18 § 1 KP; art. 83 KP; art. 393 § 1 KPC; A piece-rate remuneration system is invalid if not sufficiently defined by specifying the hourly rate and work norms, as it improperly shifts business risks to the employee and violates the principle of precise remuneration regulation.