Legislator Case Law & Legislation
X P 829/15 AI generated

Labor court awards overtime pay to temporary workers under employment contracts, dismissing employer's defense.

Case Number X P 829/15
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court awarded overtime wages to two plaintiffs representing a temporary protection service provider against a company. The plaintiffs argued that while they were hired under civil law contracts, they were required to work under an employment contract, resulting in unpaid overtime. The court found the employer failed to prove the plaintiffs received the correct overtime compensation and granted the claims based on the plaintiffs' testimony regarding the contract transition. Consequently, the court ordered the defendant to pay specific net amounts for overtime to both parties along with court costs.

Legislator headnote

AI generated

Art. 286 k.p.c.; Art. 113 ust. 1 u.k.s.c. in zw. z art. 98 k.p.c.; The court may award overtime compensation when the employer fails to prove the employee received the correct remuneration, even if the initial contract was civil in nature, provided the employee's testimony regarding the de facto employment relationship is credible.

Keywords

AI generated
overtime compensation temporary employment employment contract civil law contract labor dispute court costs evidence burden

Cited Legislation

AI generated
Art. 286 k.p.c.
Art. 113 ust. 1 u.k.s.c.
Art. 98 k.p.c.
§ 12 ust. 1 pkt 2
§ 6 pkt 4 rozporządzenia Ministra Sprawiedliwości z dnia 28 września 2002 r.
art. 219 k.p.c
art. 22 § 1 k.p
art. 151 § 1 k.p
art. 6 k.c
art. 300 k.p

Cited Case Law

AI generated

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