Legislator Case Law & Legislation
I PK 292/07 AI generated

Supreme Court dismisses appeal; anniversary bonus criteria based on work duration, not document proof, violates wage setting principles.

Case Number I PK 292/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee against a Polish television company regarding a denied anniversary bonus. The employee argued that requiring a specific work certificate to validate prior employment periods constituted discriminatory treatment and violated equal pay principles. The court ruled that while the bonus is based on total work duration, the employer's requirement to prove this duration solely through a work certificate violates the statutory principles for determining wages, as it arbitrarily excludes valid proof methods.

Legislator headnote

AI generated

art. 183a § 4 in conjunction with art. 183a § 1 k.p.; art. 78 k.p.; The requirement to prove prior employment periods solely by means of a work certificate, excluding other forms of evidence, violates the principles for determining wages when the bonus is a wage component.

Keywords

AI generated
anniversary bonus work certificate requirement wage setting principles discrimination in employment statutory work duration cassation appeal dismissal equal treatment of workers

Cited Legislation

AI generated
art. 183a § 4 in conjunction with art. 183a § 1 k.p.
art. 78 k.p.
art. 398 § 14 k.p.c.
art. 78 k.p
art. 367 § 3 k.p.c
art. 379 pkt 4 k.p.c
art. 112 k.p
art. 39814 k.p.c

Cited Case Law

AI generated

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