Legislator Case Law & Legislation
II PK 320/04 AI generated

Supreme Court dismissed cassation on labor contract modification and wage calculation issues under AETR treaty.

Case Number II PK 320/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed both parties' cassation appeals regarding a labor dispute over wages and allowances. The plaintiff argued for specific wage components based on a 1990 contract, while the defendant contended the internal regulation was invalid and the contract terms remained unchanged. The court ruled that the European AETR treaty was not binding domestic law at the time and that the employer failed to prove the employee worked the claimed hours, leading to a reduction in awarded amounts.

Legislator headnote

AI generated

Art. 393 § 1 k.p.c.; The European AETR treaty was not a source of generally binding domestic law prior to the 1997 Constitution, and internal regulations invalidating wage components cannot legally alter employment contract terms without mutual agreement.

Keywords

AI generated
labor contract modification wage calculation dispute AETR treaty status burden of proof hours cassation appeal dismissal

Cited Legislation

AI generated
Art. 393 § 1 k.p.c.
art. 134 § 1 k.p
art. 80 k.p
art. 134 k.p
art. 11 k.p
art. 6 k.c
art. 81 k.p
art. 233 k.p.c
art. 385 § 6 k.p.c

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