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II PK 187/10 AI generated

Supreme Court allows partial appeal by correcting compensation calculation based on unused vacation pay balance.

Case Number II PK 187/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court partially dismissed the cassation appeal against a lower court's judgment regarding employee compensation. The plaintiff argued that the collective agreement's provision was more favorable than statutory law, but the court found the lower court erred in calculating the compensation amount. The court ruled that the compensation must reflect the value of unused vacation pay rather than the average monthly salary, resulting in a corrected award.

Legislator headnote

AI generated

Art. 55 § 11 k.p.; Art. 382 k.p.c.; The compensation for early termination of employment under the Labor Code must be calculated based on the equivalent value of unused vacation leave, not merely the average monthly salary, ensuring the collective agreement's balance of gains and losses remains favorable to the employee.

Keywords

AI generated
Labor Code termination Compensation calculation Unused vacation pay Collective agreement Cassation appeal Employee rights Statutory interpretation

Cited Legislation

AI generated
Art. 55 § 11 k.p.
Art. 382 k.p.c.
Art. 398 § 16 k.p.c.
Art. 398 § 14 k.p.c.
Art. 100 k.p.c.
art. 55 § 11 k.p
art. 52 § 2 k.p
art. 9 § 2 k.p
art. 55 § 1 k.p
art. 55 k.p

Cited Case Law

AI generated
I PK 235/07
Supreme Court dismissed appeal; collective agreements are normative acts, not contracts, so contract law rules apply only subsidiarily.
II PK 261/07
II PK 232/08
Supreme Court held that a bonus regulation is a normative act, not a civil legal act, requiring labor law interpretation methods.
II PK 37/09
II PK 137/09
Supreme Court dismisses appeal, upholding collective agreement compensation for guaranteed employment termination.
I PK 307/03
Supreme Court quashes labor court ruling for failing to apply internal pay regulation as legal source under Labor Code.

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