Legislator Case Law & Legislation
I PKN 711/00 AI generated

Overpayment by unauthorized person does not change employment contract terms or require written notice.

Case Number I PKN 711/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal regarding overpaid wages calculated by unauthorized site supervisors. The court found that while the supervisors calculated higher wages based on volume thresholds, they lacked legal authority to alter the employment contract, performing only factual duties. Consequently, the overpayment was treated as a temporary advance subject to final reconciliation rather than a valid modification of the agreement. The decision established that such unilateral overpayments do not constitute a binding offer or acceptance to change contractual terms.

Legislator headnote

AI generated

Art. 300 § 1 k.p.; Art. 42 § 1 k.p.: An overpayment of wages calculated by an unauthorized person constitutes a factual act, not a legal modification of the employment contract, and does not require written notice to be valid.

Keywords

AI generated
unauthorized overpayment employment contract modification factual act vs legal act site supervisor authority written notice requirement wage reconciliation cassation appeal dismissal

Cited Legislation

AI generated
Art. 300 § 1 k.p.
Art. 42 § 1 k.p.
Art. 45 k.p.
Art. 77 k.c.
Art. 393 § 1 k.p.c.

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