Legislator Case Law & Legislation
I PKN 616/99 AI generated

Supreme Court dismissed appeal; collective agreement terms do not apply to company board member.

Case Number I PKN 616/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Zbigniew R., a former employee now serving as a board member, against a lower court's rejection of his claim for collective agreement benefits. The court held that the collective agreement governing the previous employer did not extend to the new company's board member, as the employment contract fully regulated his remuneration and the agreement lacked explicit exclusions for directors. Consequently, the court ruled that the disputed benefits were discretionary bonuses determined by the supervisory board rather than statutory or contractual entitlements.

Legislator headnote

AI generated

Art. 231 k.p.; Art. 241 § 2 k.p.; Art. 239 § 1 k.p.; Art. 18 k.p.; Art. 393 § 12 k.p.c.: A collective labor agreement does not automatically apply to a board member of a newly formed company where the employment contract fully regulates remuneration, and cassation is inadmissible for claims regarding non-monetary benefits or bonuses not covered by specific statutory provisions.

Keywords

AI generated
collective agreement applicability board member remuneration cassation inadmissibility employment contract terms supervisory board competence

Cited Legislation

AI generated
Art. 231 k.p.
Art. 241 § 2 k.p.
Art. 239 § 1 k.p.
Art. 18 k.p.
Art. 393 § 12 k.p.c.

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