Legislator Case Law & Legislation
I PK 42/05 AI generated

Supreme Court dismissed cassation, ruling management contracts remain employment contracts unless collective agreements exclude specific groups without violating equal treatment.

Case Number I PK 42/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a former bank manager against a lower court's award of bonus payments. The plaintiff argued that a 'management contract' title excluded him from a collective agreement, violating equal treatment principles. The court held that the contract title did not alter the employment relationship and that the collective agreement's exclusion was valid as it did not worsen the employee's conditions compared to the law.

Legislator headnote

AI generated

Art. 9 § 4 k.p.; Art. 18 § 1 k.p.; Art. 58 § 2 k.c.; Art. 300 k.p.: A management contract remains an employment contract, and collective agreement exclusions for specific groups are valid provided they do not violate the principle of equal treatment or result in less favorable conditions than statutory minimums.

Keywords

AI generated
management contract classification collective agreement exclusion equal treatment principle employment relationship nature bonus payment award cassation appeal dismissal labor law hierarchy

Cited Legislation

AI generated
Art. 9 § 4 k.p.
Art. 18 § 1 k.p.
Art. 58 § 2 k.c.
Art. 300 k.p.
Art. 393 § 12 k.p.c.
art. 9 § 4 k.p
art. 18 k.p
art. 239 § 1 k.p
art. 9 § 1 k.p
art. 18 § 1 k.p

Cited Case Law

AI generated

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