The employer has the right to deprive the worker of remuneration for defective work

The provisions of labour law make it possible to refuse payment or to reduce remuneration in case of defective performance of a product or service by a worker. However, it is essential to prove the guilt of a peculiar worker. After the defect has been removed, the individual shall be entitled to remuneration adequate to the quality of the product or service.

In accordance with Article 22, paragraph 1 of the Labour Code, by referring to the employment relationship, the worker undertakes to execute a circumstantial work for the employer, under his or her direction, at the place and time prescribed by the employer. In turn, the employer undertakes to employment the worker for remuneration. This means that remuneration is simply a common benefit for the work done.

Under Article 80 of the Labour Code, remuneration is due for the work done. If the individual does not execute the work for which he is obliged, the employer may refuse to pay the salary. The specified retention of employment is not a basis for obtaining remuneration, as confirmed by the caselaw (see the ultimate Court judgement of 3 February 2016, act II PK 339/14).

In accordance with Article 82, paragraph 1 of the Labour Code, no remuneration shall be payable for the faulty performance of products or services by the employee. If the quality of the product or service has been reduced by faulty work, the remuneration shall be reduced accordingly. This provision concerns only faultful performance by an worker and not a general unlawful or employment contract. The disloyal conduct of an worker does not qualify as defective performance of work (see ultimate Court judgement of 6 April 2016, act II PK 54/15). In accordance with Article 82, paragraph 2 of the Labour Code, if an worker removes a defect in a product or service, he shall be entitled to a remuneration adequate to the quality of the product or service, excluding the working time for the removal of defects which are not subject to remuneration. specified work is besides not considered overtime (see the judgement of the Court of Appeal in Warsaw of 20 November 1997, Case No. III APa 63/97).

Reference point for the assessment of defective products and services

The assessment of the defectiveness of products and services shall be a mention in accordance with Article 100(1) of the Labour Code. The staff associate shall be obliged to work diligently and diligently and to comply with the orders of the superiors concerning the work, unless they interfere with law or contract of employment. The absence of clear criteria for assessing the defectiveity of products and services in labour law results in the anticipation of utilizing Article 357 of the civilian Code, which establishes that the debtor should supply medium-quality goods erstwhile the quality is not specified by law or contract. Industrial or mill standards may constitute a mention point for the quality of products and, in the absence of specified a point, the individual is obliged to produce medium-quality products. Where defective services are provided, quality standards or general care measures should be used.

The employer must show that the individual is liable

In the event of defective performance of products or services, it is crucial to find the worker's fault, which is the work of the employer in accordance with the case law. The worker is liable for the defective consequence if it is the consequence of mediocre quality of his work. The condition essential for the deprivation or simplification of remuneration is to show the responsibility of the employee, including the failure to carry out or improper performance of the duties and the individual fault. Factors specified as fatigue, excessive burden or deficiency of adequate qualifications may exclude the employee's fault. A causal link between the defective consequence and the worker's action is besides necessary. The case-law emphasises that the deprivation of remuneration under Article 82 par. 1 k.p. occurs only if the responsibility of a peculiar individual is proven and not of the full group (see judgement of the Court of Appeal in Katowice of 29 February 2008, act No III APa 272/06).

Depriving the right to remuneration in accordance with Article 82 k.p. differs from the material liability of the worker referred to in Article 114 k.p. The worker shall be liable in material terms for the harm caused to the employer by failure to fulfil his obligations, which requires proof of breach of his/her employee's obligations, of the employee's fault, of his/her employer's injury and of the causal link between the breach and the damage. The compensation shall be fixed at the level of the harm caused, but shall not exceed the worker's three-month remuneration on the date of the damage, in accordance with Article 119 kp. In the event of intentional damage, the staff associate shall be obliged to full repair it in accordance with Article 122 kp.

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