II PK 161/05
AI generated
Supreme Court voids a settlement where an employee waived part of their severance pay, citing Article 84 of the Labor Code.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's judgment regarding a settlement where an employee waived part of his severance pay. The defendant argued that the settlement was valid because the employee voluntarily gave up the remaining amount, but the court held that Article 84 of the Labor Code prohibits any waiver of remuneration rights. Consequently, the court ruled that such waivers are absolutely void regardless of the employee's intent, and the case was remanded for a new decision.
Legislator headnote
AI generatedArt. 84 k.p.; Art. 58 k.c.: A waiver of the right to remuneration, including severance pay, is absolutely void under Article 84 of the Labor Code, rendering any such agreement invalid ab initio without the need for the employee to retract their consent.
Keywords
AI generated
Labor Code Article 84
severance pay waiver
absolutely void agreement
employee remuneration rights
settlement invalidity
remedial severance
labor law protection
Cited Legislation
AI generatedArt. 84 k.p.
Art. 58 k.c.
Art. 398 § 1 k.p.c.
Art. 108 § 2 k.p.c.
Art. 398 § 21 k.p.c.
art. 84 k.p
art. 199 § 1 pkt 2 k.p.c
art. 3984 § 1 pkt 1 k.p.c
art. 3986 § 3 k.p.c
art. 223 § 2 k.p.c