Legislator Case Law & Legislation
I PK 512/02 AI generated

Supreme Court dismissed cassation; employee's refusal of higher pay without consent prevents employer's unilateral change.

Case Number I PK 512/02
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 lower court's rejection of his wage equalization claim. The employee had refused to accept a board resolution offering a higher salary, citing concerns about his pension, while the employer attempted to unilaterally implement the change. The court ruled that such a unilateral modification requires the employee's explicit or implied consent, which was absent in this case.

Legislator headnote

AI generated

Art. 42 § 1-3 k.p.; Art. 84 k.p.; A unilateral change of remuneration conditions by an employer requires the employee's explicit or implied consent, and a refusal to accept a higher wage does not constitute a waiver of statutory rights.

Keywords

AI generated
unilateral wage change employee consent requirement remuneration modification labor law dispute implied acceptance cassation dismissal salary equalization

Cited Legislation

AI generated
Art. 42 § 1-3 k.p.
Art. 84 k.p.
Art. 393 § 12 k.p.c.
art. 42 k.p
art. 385 k.p.c
art. 6 k.c
art. 84 k.p
art. 9 § 1 k.p
art. 29 § 3 k.p
art. 60 k.c

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