Legislator Case Law & Legislation
II PK 256/10 AI generated

Supreme Court dismisses claim that employer can deduct overpaid wages from employee's unpaid salary in court proceedings.

Case Number II PK 256/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employer's cassation appeal regarding the employee's claim for unpaid wages, vacation compensation, and severance. The employer argued it could deduct overpaid wages from the employee's outstanding salary, but the Court held that such deductions must occur via enforcement proceedings, not directly in the labor dispute trial. Consequently, the employer was barred from offsetting its claim for overpaid wages against the employee's claim for unpaid remuneration within the same lawsuit.

Legislator headnote

AI generated

Art. 498 § 1 k.c.; Art. 87 § 1 pkt 2 k.p.; Art. 505 pkt 4 k.c.; Art. 300 k.p.: An employer cannot deduct its claim for overpaid wages from an employee's outstanding salary in labor court proceedings; such deduction requires separate enforcement proceedings.

Keywords

AI generated
employer deduction rights overpaid wages offset enforcement proceedings requirement labor dispute proceedings salary retention prohibition civil code offset labor code enforcement

Cited Legislation

AI generated
Art. 498 § 1 k.c.
Art. 87 § 1 pkt 2 k.p.
Art. 505 pkt 4 k.c.
Art. 300 k.p.
art. 498 § 1 k.c
art. 87 § 1 pkt 2 k.p
art. 505 pkt 4 k.c
art. 300 k.p
art. 55 § 11 k.p
art. 405 k.c

Cited Case Law

AI generated

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