Legislator Case Law & Legislation
DE FR IT EN
Analyze in Legislator
II PK 235/04 AI generated

Employee cannot waive right to pension bonus by returning previously received disability bonus payment.

Case Number II PK 235/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal regarding her claim for a pension bonus after returning a disability bonus. The court found that the employee's attempt to waive her statutory right by returning the earlier bonus could not be treated as a mutual contract withdrawal under civil law. Consequently, the court ruled that the employee remained barred from claiming the subsequent pension bonus due to the non-retroactive nature of labor law provisions.

Legislator headnote

AI generated

Art. 494 k.c.; Art. 921 § 2 k.p.; An employee cannot waive the statutory right to a pension bonus by returning a previously received disability bonus, as such a return does not constitute a mutual contract withdrawal and labor law does not permit retroactive modification of bonus entitlements.

Keywords

AI generated
pension bonus entitlement disability bonus return labor contract termination unilateral waiver invalidity retroactive contract effects employee rights protection statutory bonus exclusion

Cited Legislation

AI generated
Art. 494 k.c.
Art. 921 § 2 k.p.
Art. 393 § 12 k.p.c.
art. 921 k.p
art. 921 § 2 k.p
art. 494 k.c
art. 921 § 1 k.p
art. 911 k.p
art. 300 k.p
art. 328 § 2 k.p.c

Cited Case Law

AI generated
I PR 5/93
I PZP 4/94
Continuing employment while receiving disability pension excludes the right to a severance payment upon contract termination.

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text