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