Supreme Court dismissed appeal; contract severance not protected by Labor Code as not equivalent to wages.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a labor court ruling that rejected a claim for severance pay. The employee had voluntarily waived the severance in his resignation letter, which the lower court held was valid as the payment was a contractual bonus rather than statutory wages. The court ruled that since the severance did not fulfill the protective function of wages under the Labor Code, the employee's waiver was not subject to the prohibition against waiving wage rights.
Legislator headnote
AI generatedArt. 84 k.p.; Art. 9 § 1 k.p.; Art. 353 § 1 k.c.; Art. 300 k.p.; Art. 398 § 1 k.p.c.; Art. 398 § 14 k.p.c.: A contractual severance payment lacking the characteristics of wages and not serving a protective function similar to wages does not fall under the protective scope of the Labor Code, and a voluntary waiver of such a payment is legally effective.