Supreme Court allows anniversary bonus claim where transitional regulation violates equal treatment principle.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court quashed the lower court's dismissal of the plaintiff's claim for an anniversary bonus, remanding the case for a new decision. The plaintiff argued that a transitional regulation denying him a bonus for 30 years of service violated the principle of equal treatment under Article 112 of the Labor Code. The court found that completely depriving the plaintiff of the bonus constituted an unreasonable distinction compared to employees with only local service, thus establishing a violation of equal treatment.
Regesto Legislator
Generato dall'IAArt. 112 k.p.; Art. 393 § 1 k.p.c.; Art. 108 § 2 k.p.c. - A transitional regulation denying an anniversary bonus to an employee who previously received a bonus for general service constitutes an unreasonable distinction violating the principle of equal treatment if it results in a less favorable outcome compared to employees with only local service.