Legislator Case Law & Legislation
I PKN 575/01 AI generated

Supreme Court dismissed cassation; oral agreement on new post implies consent to reduced salary without premium.

Case Number I PKN 575/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee against a labor dispute judgment. The lower courts ruled that an oral agreement to transfer the employee to a different location and position implied consent to a salary reduction, specifically the loss of a director's premium. The court held that this interpretation did not violate labor law provisions regarding consent or procedural rules, as the employee's silence and acceptance of the new role constituted a clear waiver of the previous compensation structure.

Legislator headnote

AI generated

Art. 18 § 2 k.p.; Art. 42 § 1 i § 2 k.p.: An oral agreement to transfer an employee to a different position implies consent to receiving a reduced salary if the new role excludes the specific premium of the former position, and such an arrangement does not violate statutory protections.

Keywords

AI generated
oral employment agreement salary reduction consent director's premium waiver labor law interpretation cassation dismissal employee transfer implied consent

Cited Legislation

AI generated
Art. 18 § 2 k.p.
Art. 42 § 1 i § 2 k.p.
Art. 31 § 1 k.p.c.
Art. 38 k.p.
Art. 382 k.p.c.
Art. 231 k.p.c.
Art. 393 § 12 k.p.c.
art. 18 § 2 k.p
art. 3931 k.p.c
art. 38 § 1 k.p

Cited Case Law

AI generated

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