Legislator Case Law & Legislation
I PK 420/02 AI generated

Supreme Court dismisses offsetting of illegal wage cuts by subsequent raises in labor disputes.

Case Number I PK 420/02
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland overturned the lower court's decision to offset an illegal wage reduction with a subsequent raise. The court found that while the employer unilaterally changed the pay system, causing an initial cut, this change was not unlawful if it ultimately resulted in a higher wage. Consequently, the court ruled that the initial illegal reduction must be compensated separately, without being balanced against the later increase.

Legislator headnote

AI generated

Art. 18 k.p.; Art. 42 § 1 k.p.: A unilateral change in the pay system that initially lowers wages is unlawful and requires compensation, but if the change ultimately raises wages, it constitutes a consensual agreement rather than a wrongful act, meaning the initial cut cannot be offset by the subsequent raise.

Keywords

AI generated
unilateral wage change illegal pay reduction offsetting wage increases labor law compensation consensual agreement pay system modification wage discrepancy

Cited Legislation

AI generated
Art. 18 k.p.
Art. 42 § 1 k.p.
Art. 78 § 1 k.p.
Art. 393 § 1 k.p.c.
Art. 108 § 2 k.p.c.
art. 231 k.p
art. 42 § 1 k.p
art. 249 § 1 k.p.c
art. 325 k.p.c
art. 18 k.p

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