II BP 8/06
AI generated
Supreme Court dismissed appeal claiming new collective agreement unilaterally reduced seniority bonus rights.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appeal filed by employees against a final judgment regarding a seniority bonus dispute. The lower courts found that the employer notified workers of a new collective agreement and consistently referenced it in pay documents, while the employees remained silent for years. The court ruled that this conduct constituted a mutual agreement to accept the new, lower bonus rules, thereby preventing the employees from claiming a unilateral reduction of their rights.
Legislator headnote
AI generatedArt. 4244 k.p.c.; Art. 102 k.p.c.; A unilateral change in remuneration conditions does not constitute a legal violation if the employee's silence and acceptance of the new terms through conduct demonstrate a mutual agreement to the modification.
Keywords
AI generated
collective agreement
seniority bonus
unilateral change
mutual agreement
remuneration reduction
labor law
employee consent
Cited Legislation
AI generatedArt. 4244 k.p.c.
Art. 102 k.p.c.
art. 4244 k.p.c
art. 2418 k.p
art. 24113 § 2 k.p
art. 328 § 2 k.p.c
art. 378 § 1 k.p.c
art. 300 k.p
art. 60 k.c
art. 42 k.p
Cited Case Law
AI generatedI PKN 62/96
Supreme Court allows seniority pay despite employer stopping payment, ruling silence does not imply agreement to change contract terms.
I PKN 349/97
Supreme Court dismissed appeal; 14-day employment start rule applies from paid leave end, not extended leave.
I PKN 29/98
Labor dispute where a collective agreement change was dismissed as it lacked statutory termination procedures.
I PKN 496/97
Employee's failure to object to salary change via board resolution implies implied consent and contract modification.