Legislator Case Law & Legislation
I PKN 541/99 AI generated

Polish Supreme Court allows collective agreement compensation over statutory law due to semi-imperative norms.

Case Number I PKN 541/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland quashed the lower court's dismissal of a worker's claim for severance pay based on a collective agreement. The worker argued that the collective agreement, which offered six months' salary upon termination, should prevail over the statutory law limiting compensation. The court ruled that the relevant labor law provisions are semi-imperative, allowing collective agreements to establish more favorable terms than the law prescribes. Consequently, the case was remanded for a new decision on the compensation amount based on the collective agreement.

Legislator headnote

AI generated

Art. 9 § 1 KP; Art. 18 § 1 KP; Art. 58 § 1 KC; Art. 300 KP; Art. 3931 § 1 KPC: Collective agreements containing semi-imperative norms may establish terms more favorable to employees than statutory law, provided they do not contradict mandatory provisions.

Keywords

AI generated
semi-imperative norms collective agreement labor law supremacy severance pay remand for retrial statutory vs contractual Polish labor law

Cited Legislation

AI generated
Art. 9 § 1 KP
Art. 18 § 1 KP
Art. 58 § 1 KC
Art. 300 KP
Art. 3931 § 1 KPC

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