Legislator Case Law & Legislation
I PKN 191/99 AI generated

Supreme Court dismissed cassation, upholding that employers can agree on advance salary payment if more favorable to employees.

Case Number I PKN 191/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a labor court ruling that awarded compensation for the unjustified termination of an employment contract. The court found that while the employee had received advance payments based on a contract clause, the employer's claim of unpaid wages as grounds for dismissal was factually incorrect. Consequently, the court ruled that the termination was unlawful and the compensation award was correct, emphasizing that contract terms favoring the employee are valid.

Legislator headnote

AI generated

Art. 18 § 1 Kodeksu pracy; Art. 85 § 2 Kodeksu pracy: Parties to an employment contract may agree on payment terms more favorable to the employee than statutory rules, including advance salary payment, provided such terms do not disadvantage the employee compared to mandatory legal norms.

Keywords

AI generated
advance salary payment employment contract terms unjustified termination labor compensation employee protection contractual freedom labor law interpretation

Cited Legislation

AI generated
Art. 18 § 1 Kodeksu pracy
Art. 80 Kodeksu pracy
Art. 85 § 2 Kodeksu pracy
Art. 52 § 1 pkt 1 Kodeksu pracy
Art. 58 Kodeksu pracy
Art. 8 Kodeksu pracy
Art. 393 § 1 Kodeksu postępowania cywilnego

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