Legislator Case Law & Legislation
III PK 17/08 AI generated

Supreme Court dismissed appeal; organizational rules do not equal independent remuneration regulation authority.

Case Number III PK 17/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the widow of a deceased employee against a union regarding annual bonus payments. The lower court found that the union's director lacked specific authority to set remuneration regulations, as organizational rules are distinct from remuneration regulations under labor law. The court ruled that the power to issue organizational regulations does not automatically include the power to establish remuneration regulations, which serve as an autonomous source of labor law.

Legislator headnote

AI generated

Art. 9 k.p.; Art. 772 k.p.; Art. 31 § 1 k.p.; Art. 24126 k.p.; Art. 39814 k.p.c.: The authority to issue organizational regulations is not identical to the authority to establish remuneration regulations, which constitute an autonomous source of labor law and require specific statutory or contractual basis.

Keywords

AI generated
organizational regulations remuneration regulations autonomous source of law labor law provisions cassation appeal dismissal union director authority statutory basis requirement

Cited Legislation

AI generated
Art. 9 k.p.
Art. 772 k.p.
Art. 31 § 1 k.p.
Art. 24126 k.p.
Art. 39814 k.p.c.
Art. 631 k.p.
art. 631 k.p
art. 3 k.p
art. 772 k.p
art. 18 § 1 k.p

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text