Legislator Case Law & Legislation
II PK 289/04 AI generated

Supreme Court dismissed appeal; Art. 5 of 2000 Act does not create a right to anniversary bonus.

Case Number II PK 289/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a former manager against a coal mine regarding a claim for an anniversary bonus. The court found that Article 5 of the 2000 Act on remuneration of managers did not establish a legal basis for such a benefit, especially since the employee's contract had been amended to remove the bonus entitlement in 2000. Consequently, the court ruled that the statutory provisions and collective agreement did not create a retroactive right to the bonus despite the employee reaching the required service years.

Legislator headnote

AI generated

Art. 5 of the Act on Remuneration of Managers of Certain Legal Entities; The cited statutory provisions do not constitute a legal basis for a claim to an additional benefit (anniversary bonus), and a right cannot be constructed based on them in the absence of a separate legal ground.

Keywords

AI generated
anniversary bonus entitlement remuneration of managers contract amendment effect retroactive rights acquisition collective agreement scope cassation appeal dismissal statutory basis requirement

Cited Legislation

AI generated
Art. 5 of the Act on Remuneration of Managers of Certain Legal Entities
Regulation of the Prime Minister on the detailed list of additional benefits
Art. 112 and Art. 113 of the Code of Civil Procedure
Art. 393 of the Code of Civil Procedure
art. 24126 § 2 k.p
art. 24126 k.p
art. 24113 k.p
art. 381 k.p.c
art. 328 k.p.c
art. 24226 k.p

Cited Case Law

AI generated

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