Legislator Case Law & Legislation
I PK 199/03 AI generated

Supreme Court allows partial appeal regarding collective agreement suspension not retroactively extinguishing vested worker claims.

Case Number I PK 199/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially allowed the appeal, remanding the case for recalculation of a specific sum while dismissing the rest of the cassation. The plaintiff argued that a collective agreement suspension could not retroactively remove his vested right to a bonus earned in 2001. The court held that such agreements only affect future applications of the agreement and cannot extinguish rights that had already crystallized into enforceable claims before the suspension took effect.

Legislator headnote

AI generated

Art. 24127 § 3 k.p.; Art. 87 k.c. in conjunction with Art. 300 k.p.: An agreement suspending the application of a collective labor agreement cannot have retroactive effect and deprive an employee of enforceable claims that had already crystallized prior to the agreement's entry into force.

Keywords

AI generated
collective agreement suspension retroactive effect vested employee claims labor law interpretation cassation procedure

Cited Legislation

AI generated
Art. 24127 § 3 k.p.
Art. 87 k.c.
Art. 300 k.p.
Art. 393 § 1 k.p.c.
Art. 393 § 3 k.p.c.
art. 87 k.c
art. 300 k.p
art. 24127 k.p
art. 30 § 1 pkt 1 k.p
art. 300 k.c

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