Supreme Court dismissed appeal regarding employer's right to unilaterally change pension severance pay regulations without notice.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the plaintiff's cassation appeal against a lower court ruling that rejected his claim for a higher pension severance payment. The plaintiff argued that a new pay regulation, which offered a lower severance rate, was invalid because it was adopted without the required notice of change under labor law. The court held that the parties' agreement to pay a specific, lower amount upon termination superseded the general regulation, as the agreement did not explicitly reference the higher statutory rate. Consequently, the employer's obligation was limited to the amount agreed upon in the termination settlement.
Regeste Legislator
Généré par l'IAArt. 16 § 1 of the Payroll Regulation; Art. 24113 § 2 of the Labor Code; Art. 56 of the Civil Code; Art. 18 § 1 of the Labor Code: An agreement between employer and employee regarding termination severance, even if less favorable than a general regulation, is valid and binding if the agreement does not explicitly incorporate the higher statutory rate, and the employer is not required to issue a notice of change to validate such a unilateral modification of the regulation.