Ustalanie wartości przedmiotu sporu w sprawach z zakresu prawa pracy
Determining the value of the object of dispute in labour law cases
Author(s): Beata BurySubject(s): Civil Law, Law on Economics
Published by: Krajowa Izba Radców Prawnych
Keywords: value of the object of dispute; remuneration for work; start of employment; termination of employment; employment certificate; accumulated claims
Summary/Abstract: The value of the object of dispute is the value of a claim pursued before the court expressed in a monetary amount determined at the date of filing the claim. In cases concerning property rights, if the object of dispute is not a specified monetary amount, the plaintiff should specify the value of the object in the statement of claim (art. 187(1) of the Civil Procedure Code). Correct designation of the value of the object of dispute (including in the appeal) is important not only for determining the proportional filing fee (for means of recourse, as well), but also from the point of view of the regulations governing competence ratione materiae of the courts, the admissibility of cassation appeal, and the remuneration of advocates and legal advisers (legal representation costs). The issue considered in this article concerns determining the value of the object of dispute in cases involving property claims arising out of employment in the light of judicial practice experience.
Journal: Radca Prawny. Zeszyty Naukowe
- Issue Year: 2016
- Issue No: 4
- Page Range: 31-46
- Page Count: 16
- Language: Polish