II PK 181/06
AI generated
Supreme Court allows deduction of unused vacation pay from salary only with employee's written consent.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court partially allowed the plaintiff's cassation appeal regarding the deduction of unused vacation pay from his salary. The court found that the employer incorrectly deducted the vacation equivalent from an advance payment for work rather than the actual salary owed. Consequently, the court ruled that such deductions are prohibited without the employee's written consent under the Labor Code.
Legislator headnote
AI generatedArt. 87 § 1 k.p.; Art. 498 k.c.: Deductions from an employee's remuneration, including vacation pay equivalents, are permitted only for specific statutory debts or with the employee's written consent.
Keywords
AI generated
Labor Code
vacation pay
salary deduction
employee consent
advance payment
remuneration
cassation appeal
Cited Legislation
AI generatedArt. 87 § 1 k.p.
Art. 498 k.c.
Art. 505 pkt 4 k.c.
Art. 91 k.p.
Art. 172 k.p.
art. 87 § 1 k.p
art. 172 k.p
art. 91 § 1 k.p
art. 498 k.c
art. 300 k.p
Cited Case Law
AI generatedI PKN 665/98
Supreme Court allows labor claim for overtime pay and severance, rejecting employer's evidence failure as grounds for dismissal.
I PK 217/03
Supreme Court allows pension severance and anniversary bonus as wages protected from employer deductions.
I PR 43/80
I PK 144/05
Employee restored by court order does not earn vacation leave rights for the period of forced unemployment.
III CK 670/04
I PK 613/02
Supreme Court allows academic teacher's reinstatement claim after disciplinary dismissal was overturned by cassation.