Supreme Court dismisses appeal where employer unilaterally changes bonus rules retroactively without employee consent under Labor Code.
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the Ombudsman's cassation appeal against a lower court ruling that rejected an employee's claim for a bonus. The employee argued that a new bonus regulation, which made the award dependent on the employer's discretionary approval, could not apply retroactively to the period before its effective date. The court held that if the right to the bonus stems from the employment contract, such a detrimental change requires the employee's consent, rendering the unilateral retroactive modification void.
Regeste Legislator
Généré par l'IAArt. 42 Kodeksu Pracy; Art. 387 Kodeksu Postępowania Cywilnego: A unilateral change to bonus regulations detrimental to the employee, effective retroactively without their consent, violates the principle of good faith and contractual stability when the right to the bonus arises from the employment contract.