I PKN 516/99
AI generated
Employer's intentional failure to pay wages fully constitutes a serious breach allowing employee dismissal and damages.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the employer's cassation appeal, upholding the lower court's award of damages to the employee. The employer argued that financial difficulties prevented timely full wage payments, claiming no intentional fault. The court ruled that the employer's obligation is to pay wages on time, not to secure funds, and the deliberate partial payment constituted intentional breach.
Legislator headnote
AI generatedart. 55 § 11 Kodeksu pracy; art. 22 § 1, art. 29 § 1, art. 94 pkt 5 Kodeksu pracy; The employer's obligation to pay wages in full and on time is independent of its ability to secure funds, and a deliberate failure to pay constitutes a serious breach warranting damages.
Keywords
AI generated
intentional breach of contract
wage payment obligation
serious breach of duties
employer financial difficulties
dismissal without notice
employee damages claim
labor law liability
Cited Legislation
AI generatedart. 55 § 11 Kodeksu pracy
art. 22 § 1 Kodeksu pracy
art. 29 § 1 Kodeksu pracy
art. 94 pkt 5 Kodeksu pracy
art. 393 § 1 Kodeksu postępowania cywilnego