Legislator Case Law & Legislation
I PK 307/03 AI generated

Supreme Court quashes labor court ruling for failing to apply internal pay regulation as legal source under Labor Code.

Case Number I PK 307/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the lower court's judgment, remanding the case for a new decision on the employee's project-based compensation claim. The plaintiff argued that his salary exceeded the internal pay regulation, while the employer claimed his work was defective and thus no bonus was due. The court ruled that the internal pay regulation constitutes a source of law under the Labor Code and must be applied to determine owed wages, regardless of drafting flaws, while also correcting the lower court's improper allocation of the burden of proof.

Legislator headnote

AI generated

Art. 9 ust. 1 k.p.; Art. 772 k.p.; Art. 78 § 1 k.p.; Art. 80 k.p.; Art. 6 k.c.; Art. 232 k.p.c. The internal pay regulation serves as a source of law for determining employee remuneration, requiring the court to ascertain its content independently of drafting defects, and the burden of proof regarding specific facts lies with the party asserting them.

Keywords

AI generated
internal pay regulation source of labor law burden of proof project-based compensation labor code provisions civil procedure burden remand for retrial

Cited Legislation

AI generated
Art. 9 ust. 1 of the Act of 2 February 1996 on amending the Act on the Labour Code and on amending certain other Acts
Art. 772 of the Labour Code
Art. 78 § 1 of the Labour Code
Art. 80 of the Labour Code
Art. 6 of the Civil Code
Art. 232 of the Code of Civil Procedure
Art. 393 § 13 of the Code of Civil Procedure
Art. 393 § 19 of the Code of Civil Procedure
art. 9 k.p
art. 80 k.p

Cited Case Law

AI generated

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