Supreme Court quashes labor court ruling for failure to award severance due to employer's failure to pay full salary.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of the employee's claim for severance pay and salary arrears. The employee argued that the employer's monthly failure to pay the full wage, including statutory increases, constituted a serious breach of fundamental duties under Polish labor law. The court agreed, ruling that such non-payment creates a monthly violation of the employer's obligations, thereby validating the employee's right to terminate the contract without notice and claim compensation.
Legislator headnote
AI generatedArt. 55 § 11 k.p.; Art. 85 § 1 k.p.; Art. 55 § 2 k.p. in conjunction with Art. 52 § 2 k.p.: An employer's failure to pay the full wage, including statutory increases, constitutes a serious breach of fundamental duties, entitling the employee to terminate the contract without notice and claim severance pay.