Supreme Court dismissed claim for salary difference based on civil code provision not applying to labor disputes.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a municipal employee against a lower court's award of salary arrears. The employee sought the difference between his actual pay and the salary prescribed for his reinstated position, arguing that the Civil Code provision allowing such claims should apply. The court ruled that this specific Civil Code article governs civil liability for damages, not labor disputes, and therefore cannot serve as the legal basis for the employee's claim. Consequently, the cassation was rejected, leaving the lower court's decision regarding the salary difference intact.
Legislator headnote
AI generatedArt. 4201 § 1 KC; Art. 300 KP: The provision of the Civil Code regarding liability for damages does not constitute a legal basis for a public employee's claim for the difference between actual and prescribed wages in labor relations.