I PK 39/08
AI generated
Supreme Court quashes labor court verdict for allowing credit card advance deduction without employee consent.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's judgment and remanded the case for retrial regarding a disputed deduction from an employee's salary. The lower court ruled that the employer's deduction of a credit card advance was illegal because it lacked the employee's written consent. The Supreme Court found the lower court's reasoning insufficient as it failed to investigate whether the advance could legally be deducted under Article 87 of the Labor Code without consent.
Legislator headnote
AI generatedArt. 87 § 1 pkt 3 k.p.; Art. 91 k.p.; A deduction of a monetary advance from an employee's salary without consent is permissible if the advance was granted via bank transfer or credit card, provided the lower court establishes the specific form of the advance.
Keywords
AI generated
labor code deduction
credit card advance
employee consent requirement
salary withholding legality
bank transfer form
supreme court remand
unwritten agreement
Cited Legislation
AI generatedArt. 87 § 1 pkt 3 k.p.
Art. 91 k.p.
Art. 86 § 2 k.p.
Art. 86 § 3 k.p.
Art. 398 § 1 k.p.c.
Art. 108 § 2 k.p.c.
art. 87 § 1 pkt 3 k.p
art. 52 § 1 pkt 1 k.p
art. 56 § 1 k.p
art. 91 § 1 k.p
Cited Case Law
AI generatedI PKN 615/00
Supreme Court quashes labor court verdict for failure to establish facts regarding employer's authority to terminate contract.
I PK 164/05
Supreme Court dismisses cassation appeal regarding unjustified dismissal, ruling employer must cite specific, concrete reasons affecting employee.
IV CKN 1532/00
V CKN 1825/00
III CZP 55/05
Plaintiff loses appeal right for procedural errors in non-appealable rulings if not raised immediately.
IV CK 773/04
Supreme Court quashes appeal for patent model co-authorship, citing procedural duty to base rulings on own findings.
I UK 49/05
Supreme Court allows withdrawal from open pension fund declaration made under mistake of fact.