Legislator Case Law & Legislation
I PK 16/05 AI generated

Supreme Court allows director's claim for 2000 salary increase under specific management act provisions.

Case Number I PK 16/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland partially allowed the director's appeal against the lower court's dismissal of his salary increase claim. The plaintiff argued that as a director of a public health facility, he was entitled to a specific annual salary increase for the year 2000 under the Act on Remuneration of Persons Managing Enterprises. The court found that the lower court incorrectly determined the start date of the relevant statutory provisions, which only entered into force on January 1, 2001, thereby denying the director the increase for 2000. Consequently, the court ruled that the director was entitled to the additional remuneration for the year 2000 but dismissed the claim for subsequent years.

Legislator headnote

AI generated

Art. 4a ust. 1, 2 ustawy o negocjacyjnym systemie kształtowania przyrostu przeciętnych wynagrodzeń u przedsiębiorców; Art. 5 ust. 2, 3 ustawy o wynagradzaniu osób kierujących: The director of a public health facility is entitled to the annual salary increase specified in the collective bargaining act for the year preceding the entry into force of the specific management remuneration act, provided the employment relationship existed at that time.

Keywords

AI generated
director remuneration public health facility collective bargaining act management remuneration act salary increase entitlement statutory entry into force labor dispute resolution

Cited Legislation

AI generated
Art. 4a ust. 1, 2 of the Act on the Negotiated System of Setting Average Salary Increases for Entrepreneurs and on Amending Certain Acts
Art. 5 ust. 2, 3 of the Act on Remuneration of Persons Managing Enterprises
Art. 393, 39312, 39315 of the Code of Civil Procedure
Art. 100 of the Code of Civil Procedure
art. 231 k.p
art. 231 § 2 k.p
art. 24126 § 2 k.p
art. 9 § 1 k.p
art. 69 k.p
art. 113 k.p

Cited Case Law

AI generated

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