Employer must prove employee damage under Art. 124 KP; reducing liability by contract violates Art. 18 KP.
Legislator summary
AI generatedThe Supreme Court partially allowed the appeal against the employer's liability judgment, overturning the decision regarding one employee while dismissing the other. The court found that the lower court incorrectly excluded the possibility of the employee proving independent causes for the loss under Article 124, Paragraph 3 of the Labor Code. Consequently, the case involving the second employee was remanded for a new trial to properly evaluate evidence, whereas the first employee's appeal was rejected due to the low value of the claim.
Legislator headnote
AI generatedArt. 124 § 3 KP; Art. 18 KP: The employer is obligated to prove damage and its extent; any contractual change to the employee's detriment is inadmissible, and the employee may be exempted if they prove independent causes for the loss.