Legislator Case Law & Legislation
I PKN 205/98 AI generated

Supreme Court allows teachers' union claim that rescue work duties qualify as difficult working conditions.

Case Number I PKN 205/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland partially allowed the plaintiffs' cassation appeal regarding the termination of their supplementary pay for difficult working conditions. The plaintiffs, a teacher and a psychologist employed by an emergency care service, argued that their duties extended beyond specialized hours to include general caregiving and educational tasks. The court ruled that the statutory definition of 'educational and care activities' must be interpreted broadly to encompass these non-specialized duties, thereby confirming the right to the full supplementary pay. Consequently, the court overturned the lower court's decision that had limited the pay to only specialized hours.

Legislator headnote

AI generated

§ 14 ust. 1 pkt 7 lit. c i § 14 ust. 3 rozporządzenia Ministra Edukacji Narodowej z dnia 19 marca 1997 r.: The concept of 'educational and care activities' must be interpreted broadly to include all duties of a teacher or psychologist in an emergency care service, not limited to specialized hours, thus entitling them to the full supplementary pay for difficult working conditions.

Keywords

AI generated
difficult working conditions educational care activities teacher supplementary pay emergency care service statutory interpretation labor contract termination supplementary allowance

Cited Legislation

AI generated
§ 14 ust. 1 pkt 7 lit. c i § 14 ust. 3 rozporządzenia Ministra Edukacji Narodowej z dnia 19 marca 1997 r. w sprawie wynagradzania nauczycieli
art. 393 15 KPC

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