Legislator Case Law & Legislation
I PK 569/03 AI generated

Supreme Court dismisses appeal; unwritten compensation regulation invalid; dismissal without prior regulation change ineffective.

Case Number I PK 569/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an investment firm against two employees seeking commission payments. The court held that an unwritten compensation regulation, not formally communicated to employees, lacks legal force and cannot serve as a basis for remuneration. Furthermore, the court ruled that a verbal dismissal altering wage conditions is ineffective unless the compensation regulation itself is formally changed first. Consequently, the employees' claims for commissions established in the invalid regulation were rejected, and the firm was ordered to pay the plaintiffs' legal costs.

Legislator headnote

AI generated

Art. 772 § 6 k.p.; Art. 772 § 5 k.p.: A compensation regulation must be written and communicated to employees to take effect; a dismissal altering such conditions is ineffective without a prior formal change to the regulation.

Keywords

AI generated
compensation regulation written form requirement employee notification verbal dismissal labor law procedure remuneration standards cassation appeal

Cited Legislation

AI generated
Art. 772 § 6 k.p.
Art. 772 § 5 k.p.
Art. 9 § 1 k.p.
Art. 393 § 1 k.p.c.
Art. 98 § 1 k.p.c.
art. 772 § 6 k.p
art. 772 k.p
art. 386 § 6 k.p.c
art. 9 k.p
art. 42 k.p

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