Legislator Case Law & Legislation
I PK 324/02 AI generated

Written consent for non-cash wages is mandatory; oral agreement clauses are void under Polish Labor Code.

Case Number I PK 324/02
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially allowed the plaintiff's cassation appeal, overturning the appellate court's dismissal of the wage claim. The plaintiff argued that the employer's reliance on an oral employee consent for non-cash wage payments violated the strict requirement for written consent under the Labor Code. The court ruled that the statutory mandate for written consent is absolutely binding, rendering any internal regulation permitting oral consent void and ineffective.

Legislator headnote

AI generated

Art. 86 § 3 k.p.; Art. 9 § 2 k.p.: The requirement for written employee consent for non-cash wage payment is strictly mandatory; any provision in a work regulation allowing oral consent is void.

Keywords

AI generated
written consent requirement non-cash wage payment void work regulation clause Labor Code provisions employee consent validity

Cited Legislation

AI generated
Art. 86 § 3 k.p.
Art. 9 § 2 k.p.
Art. 393 § 15 k.p.c.
Art. 393 § 12 k.p.c.
Art. 100 k.p.c.
art. 86 § 3 k.p
art. 9 § 2 k.p
art. 71 k.p
art. 61 k.c
art. 81 § 1 k.p

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