Legislator Case Law & Legislation
II PK 143/07 AI generated

Supreme Court allows back pay award based on current salary of similar employee upon return from parental leave.

Case Number II PK 143/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal and ordered the employer to pay the employee 900 PLN in litigation costs. The court upheld the lower court's finding that the employee's salary upon returning from parental leave must not be lower than the current rate of a similar employee performing the same duties. The decision relied on the principle of equal treatment under EU law, noting that while the events occurred before Poland's accession, the obligation to interpret national law in line with EU directives remained valid.

Legislator headnote

AI generated

§ 14 of the Council of Ministers' Regulation of May 28, 1996; Art. 1864 of the Civil Code: Upon returning from parental leave, an employee's remuneration shall not be lower than that of a similar employee performing the same duties on the day of return.

Keywords

AI generated
parental leave return equal pay principle similar employee comparison remuneration adjustment EU law interpretation labor dispute outcome salary floor standard

Cited Legislation

AI generated
§ 14 of the Council of Ministers' Regulation of May 28, 1996 on holidays and parental allowances
Art. 1864 of the Civil Code
Art. 68 of the European Agreement of December 16, 1991
Art. 39813 § 2 of the Code of Civil Procedure
Art. 39814 of the Code of Civil Procedure
Art. 39821 of the Code of Civil Procedure
Art. 108 § 1 of the Code of Civil Procedure
Art. 98 of the Code of Civil Procedure
Art. 99 of the Code of Civil Procedure
art. 1864 k.p

Cited Case Law

AI generated

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