Legislator Case Law & Legislation
I PK 195/08 AI generated

Cassation dismissed; employer's partial payment of vacation pay counts as work pay, not offsetting. Court allowed deduction of costs.

Case Number I PK 195/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the employee against the lower court's judgment. The employee argued that the employer's actions constituted improper offsetting of debts, but the court found that the employer's partial payments of vacation pay were valid fulfillments of work pay obligations under the Civil Code. Consequently, the court ruled that these payments could be credited against the debt for unpaid wages without violating the strict rules on debt offsetting. The cassation appeal was rejected, and the costs of the legal aid were assigned to the state.

Legislator headnote

AI generated

Art. 450, 451 k.c.; Art. 503 k.c. in conjunction with Art. 498 k.c.; The distinction between partial fulfillment of one debt by another and the legal institution of offsetting means that partial payments made by an employer for vacation pay can be credited against wages for time not worked without triggering the restrictions applicable to debt offsetting.

Keywords

AI generated
partial fulfillment of debt vacation pay credit wages for time not worked legal offsetting restrictions civil code provisions labor law dispute cassation appeal dismissal

Cited Legislation

AI generated
Art. 450 k.c.
Art. 451 k.c.
Art. 503 k.c.
Art. 498 k.c.
Art. 87 k.p.
Art. 386 § 4 k.p.c.
Art. 39813 § 2 k.p.c.
Art. 39814 k.p.c.
art. 498 k.c
art. 386 § 4 k.p.c

Cited Case Law

AI generated

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