VIII P 26/12
AI generated
Court awarded overtime and night shift pay to employee while ordering partial cost recovery for the employer.
Poland (PL)
Legislator summary
AI generatedThe court ordered the defendant company to pay the plaintiff employee 28,613.75 PLN for overtime and night shift work between 2009 and 2011. While the employee won the wage claim, the court ruled that the employer was partially successful in the proceedings regarding expert opinions and state costs. Consequently, the court calculated and ordered the employee to reimburse the company 2,176.74 PLN based on the percentage of the employer's procedural success.
Legislator headnote
AI generatedArt. 477 § 2 pkt 1 k.p.c.; Art. 98 § 1, § 3 k.p.c.; Art. 99 k.p.c.; The court must award overtime and night shift wages to employees upon request, but procedural costs in labor disputes are shared proportionally based on the degree of success of each party.
Keywords
AI generated
overtime compensation
night shift pay
procedural costs
proportional cost sharing
labor dispute
expert opinion costs
immediate enforceability
Cited Legislation
AI generatedArt. 477 § 2 pkt 1 k.p.c.
Art. 98 § 1 k.p.c.
Art. 98 § 3 k.p.c.
Art. 99 k.p.c.
Dz. U. z 2013 r., poz. 490
art. 129 § 1 k.p
art. 140 k.p
art. 104 § 1 k.p
art. 29 § 3 k.p
art. 151 § 1 k.p
Cited Case Law
AI generatedV CSK 262/15
Supreme Court dismisses appeal on medical malpractice where expert opinions excluded causation between birth injury and staff actions.
I PK 25/15
Supreme Court overturns appeal ruling on overtime pay calculation for ship chef under Polish Labor Code.
II PK 165/05
Supreme Court allows overtime claim under task system, rejecting appeal on evidence failure.
I PK 61/07
Supreme Court dismissed cassation; statutory rules allow precise calculation of profit bonus despite organizational changes.