Legislator Case Law & Legislation
II PK 76/08 AI generated

Employee's written consent to deduct overpaid bonus allows employer to recover half the overpayment without bad faith proof.

Case Number II PK 76/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially allowed the employer's claim for correction of the employment record and partial repayment of overpaid wages. The court found that the employee validly consented in writing to deduct specific amounts from his salary regarding the overpaid bonus, even though the employer used a specialized financial service provider. Consequently, the court ruled that the employee cannot later claim unjust enrichment or bad faith, as the written agreement created an independent legal basis for the deduction.

Legislator headnote

AI generated

Art. 91 k.p.; Art. 398 § 1 k.c.: An employee's written consent to deduct specific amounts of overpaid bonus creates an independent legal obligation to repay, preventing subsequent claims of unjust enrichment or bad faith unless the employer proves bad faith in the deduction.

Keywords

AI generated
written consent to deduction overpaid bonus recovery unjust enrichment defense specialized financial services employee salary reduction good faith assumption labor law dispute

Cited Legislation

AI generated
Art. 91 k.p.
Art. 398 § 1 k.c.
art. 91 k.p
art. 55 §11 k.p
art. 52 § 1 pkt 1 k.p
art. 328 § 2 k.p.c
art. 409 k.c
art. 410 k.c
art. 409 § 1 k.c
art. 300 k.p

Cited Case Law

AI generated

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