Supreme Court allows seniority pay despite employer stopping payment, ruling silence does not imply agreement to change contract terms.
Sintesi Legislator
Generato dall'IAThe Supreme Court of Poland overturned the appellate court's decision to dismiss the plaintiff's claim for seniority pay. The plaintiff argued that the employer's cessation of payments without explicit agreement constituted a breach of the employment contract, while the employer contended that the employee's silence implied acceptance of the new pay structure. The court ruled that silence cannot constitute a tacit agreement to alter contract terms, thereby allowing the plaintiff to recover the withheld seniority pay.
Regesto Legislator
Generato dall'IAArt. 18 ust. 1 k.r.s.; Art. 393 15 k.p.c.: The cessation of payment of a specific salary component by the employer, without the employee's active objection, does not constitute a tacit agreement to modify the employment contract, and the employee is entitled to the original terms.