II PK 232/08 AI generated

Supreme Court held that a bonus regulation is a normative act, not a civil legal act, requiring labor law interpretation methods.

Case Number II PK 232/08

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2009-07-09

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a lower court ruling that rejected her claim for unpaid commissions. The plaintiff argued that the bank's bonus regulation created a binding right to payment, while the bank contended the regulation was merely an internal reward scheme without legal force. The court ruled that such regulations are normative acts governed by labor law interpretation rules rather than civil law principles of will expression.

Legislator headnote

AI generated

Art. 9 k.p.; Art. 65 k.c. w związku z art. 300 k.p.: A bonus regulation is a normative act, not a civil legal act, and must be interpreted using labor law methods, with civil law rules on will expression applied only exceptionally.

Keywords

AI generated

normative act classification labor law interpretation bonus regulation status civil law application cassation appeal dismissal

Cited Legislation

AI generated

Art. 9 k.p.

Art. 65 k.c. w związku z art. 300 k.p.

Art. 13 k.p.

Art. 78 § 1 k.p.

Art. 80 k.p.

Art. 18 k.p.

Art. 379 § 1 k.c.

Art. 9 § 1 k.p.

Art. 233 k.p.c.

Art. 3983 § 3 k.p.c.

Art. 231 k.p.c.

Art. 322 k.p.c.

Art. 39815 § 1 k.p.c.

Art. 108 § 2 k.p.c.

Cited Case Law

AI generated

Recognition bonus not considered work remuneration, thus excluded from wrongful dismissal compensation.

Supreme Court quashes labor court ruling for failing to apply internal pay regulation as legal source under Labor Code.

Supreme Court dismissed cassation; statutory rules allow precise calculation of profit bonus despite organizational changes.

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

II PK 53/05

Supreme Court allows nurses' wage increase from two collective agreement and statutory sources.

Supreme Court dismissed appeal; collective agreements are normative acts, not contracts, so contract law rules apply only subsidiarily.

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