Social pact on employment guarantees becomes binding labor law source under Art. 9 KP, excluding Civil Code interpretation rules.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court reversed the lower court's dismissal of compensation claims by Maria K. against a chemical fiber company. The court found that a social pact between the company and trade unions, establishing employment guarantees for workers on parental leave, acquired the status of a binding source of labor law under Article 9 of the Labor Code. Consequently, the employer was obligated to pay double average wages as compensation for terminating the contract without respecting these guarantees, overriding the lower court's refusal to apply such provisions.
Legislator headnote
AI generatedArt. 9 § 1 KP; Art. 65 KC: A social pact concluded between an employer and trade unions, incorporating an internal company act, acquires the character of a source of labor law under Article 9 § 1 of the Labor Code, and its provisions are interpreted according to rules of law interpretation rather than those governing declarations of will under Article 65 of the Civil Code.