Supreme Court dismisses claim that employer's delayed wage payment justifies termination without notice.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court ruling awarding damages for unjustified termination of the employment contract. The employee argued that the employer's failure to pay wages on time constituted a serious breach justifying immediate termination under Article 55 § 11 of the Labor Code. The court held that the employer's inability to pay did not negate the breach, as the right to claim damages arose precisely because the employer failed to fulfill its payment obligation. Consequently, the court found no grounds to limit the damages based on social coexistence principles.
Legislator headnote
AI generatedArt. 55 § 11 k.p.; Art. 8 k.p.: The failure of an employer to pay wages on time does not constitute a serious breach justifying termination without notice, and the employer's subsequent inability to pay does not preclude the claim for damages.