Orzecznictwo Sądu Najwyższego
Judicial Decisions of the Supreme Court
Author(s): Eliza ManiewskaSubject(s): Law, Constitution, Jurisprudence
Published by: Krajowa Izba Radców Prawnych
Keywords: remuneration by-laws; separate ownership of premises; perpetual usufruct; disciplinary proceedings against legal advisers
Summary/Abstract: Contrary to lawmakers’ intentions, issues concerning employee pay are much more frequently regulated by remuneration by-laws than by collective labor agreements. Despite the significant role these legal instruments play, it has not been clear whether employers may independently revoke remuneration by-laws in the event of opposition from trade unions operating in a work establishment, or whether they become ‘perpetual’ legal instruments in the absence of a consensus. Of no less importance – though in the area of civil law – is the position taken by the Supreme Court on the expiration of separate ownership of premises upon the lapse of the established time limit for perpetual usufruct of land on which the premises are located. Also significant is the Supreme Court’s holding that in disciplinary proceedings against legal advisers or trainee legal advisers, a complaint may be filed with the Supreme Court against a judgment of a court of appeal reversing and remanding a previous judgment.
Journal: Radca Prawny. Zeszyty Naukowe
- Issue Year: 2018
- Issue No: 1
- Page Range: 141-170
- Page Count: 30
- Language: Polish