Legislator Case Law & Legislation
III ZP 50/97 AI generated

Supreme Court ruled that the employer must raise the statute of limitations defense rather than the court considering it ex officio.

Case Number III ZP 50/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether labor courts must consider the statute of limitations ex officio or only upon the defendant's objection. The plaintiff argued that the employer failed to raise the defense, while the court noted the legislative intent to align labor law with civil law principles. The court decided that the employer must actively raise the defense, as the legislature's clear intent was to shift the burden from the court to the party against whom the claim is made.

Legislator headnote

AI generated

Art. 292 § 1 KP; Art. 117 § 2 KC: The statute of limitations in labor disputes must be raised by the defendant, not considered by the court ex officio, reflecting the legislative intent to align labor law with civil law principles.

Keywords

AI generated
statute of limitations labor law ex officio duty burden of proof legislative intent civil law alignment defendant's objection

Cited Legislation

AI generated
Art. 292 § 1 KP
Art. 117 § 2 KC
Act of 2 February 1996 on amending the Labour Code
Act of 28 July 1990 on amending the Civil Code

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