Legislator Case Law & Legislation
II PK 100/05 AI generated

Supreme Court remands labor dispute case regarding cross-border employment contract interpretation under German law.

Case Number II PK 100/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland remitted the case to the appellate court in Wrocław for a new decision on costs and further proceedings. The plaintiff, a mason working in Germany, argued that his employer failed to pay wages according to German collective agreements, while the employer claimed adherence to Polish law. The court ruled that the employer's declaration to German authorities regarding compliance with German labor laws must be considered when interpreting the employment contract, as it constitutes a manifestation of will under Polish civil law.

Legislator headnote

AI generated

Art. 65 k.c.; Art. 300 k.p.: When interpreting an employment contract between a Polish enterprise and a delegated worker, the court must consider the employer's declarations to the foreign contracting party and authorities regarding compliance with the foreign country's labor laws.

Keywords

AI generated
cross-border employment contract interpretation manifestation of will labor law conflict delegated workers collective agreements remand for retrial

Cited Legislation

AI generated
Art. 9 Konstytucji RP
art. 65 k.c.
art. 300 k.p.
art. 233 § 1 k.p.c.
art. 328 § 2 k.p.c.
art. 393 § 1 k.p.c.
art. 108 § 2 k.p.c.
art. 393 § 19 k.p.c.
art. 9 Konstytucji RP
art. 65 k.c

Cited Case Law

AI generated

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