II PK 27/08
AI generated
Cassation appeal dismissed; equal work requires identical quantity and quality, not just same job title.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee seeking equal pay for unequal work. The plaintiff argued that two colleagues performed the same job but received different wages, while the employer claimed the plaintiff's work differed in quantity and quality. The court ruled that 'equal work' under the Labor Code requires identical quantity and quality, which was not met as the plaintiff performed fewer tasks and received lower performance ratings.
Legislator headnote
AI generatedArt. 183c § 1 k.p.; Art. 78 § 1 k.p.; Equal work under the Labor Code requires identical quantity and quality of performance, not merely the same job title or scope of duties.
Keywords
AI generated
Labor Code equal pay
quantity and quality work
unequal work claim
performance evaluation criteria
cassation appeal dismissal
Cited Legislation
AI generatedArt. 183c § 1 k.p.
Art. 78 § 1 k.p.
Art. 398 § 1 k.p.c.
art. 45 § 1 k.p
art. 3983 § 1 pkt 1 k.p.c
art. 78 § 1 k.p
art. 772 k.p
art. 262 § 2 pkt 1 k.p
art. 113 k.p
art. 9 § 4 k.p
Cited Case Law
AI generatedII PK 154/05
Supreme Court dismisses equal pay claim where CEO duties are shared, preventing objective work comparison.
I PRN 94/96
Supreme Court dismissed extraordinary review, ruling backdated wage adjustments violate equal treatment principles.
I PKN 182/01
Supreme Court dismissed appeal, ruling exclusion of managers from social benefits does not violate equality or non-discrimination laws.
III PK 40/04
Supreme Court allows discrimination claim by applying labor code provisions by analogy to non-sex discrimination cases.
II PK 180/06
Supreme Court dismisses appeal where employee failed to prove discrimination grounds required by law.
I PK 20/04
Special severance for group dismissals does not extend to employees dismissed before the regulation's entry into force.
II UK 51/05
Supreme Court dismisses claim that employment contract was void for evading social security law.
III PK 109/05
Supreme Court allows termination of collective agreement terms without union consultation if no new agreement exists.
III UK 150/05
II PK 102/07
Reaching retirement age is a socially justified criterion for dismissal and cannot be considered discriminatory.