Legislator Case Law & Legislation
I PKN 744/99 AI generated

Supreme Court dismissed appeal; employer's use of internal norms not subject to Art. 8 KP abuse of right review.

Case Number I PKN 744/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a television employee against his employer's refusal of a profit-sharing bonus. The employee argued that the employer abused its right under Article 8 of the Labor Code by issuing internal normative acts without proper justification for exceeding salary limits. The court ruled that the employer's exercise of administrative authority to issue internal norms does not constitute an abuse of the subjective right protected by Article 8, which applies only to civil law rights. Consequently, the cassation complaint was deemed baseless and the lower court's decision to deny the bonus was upheld.

Legislator headnote

AI generated

Art. 8 KP; Art. 393 § 1 KPC; The employer's exercise of authority to issue internal normative acts does not constitute an abuse of the subjective right under Article 8 of the Labor Code, as this provision pertains to civil law rights rather than administrative or constitutional powers.

Keywords

AI generated
abuse of right internal normative acts labor code article 8 profit sharing bonus cassation appeal subjective right administrative authority

Cited Legislation

AI generated
Art. 8 KP
Art. 393 § 1 KPC
Art. 98 KPC

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