I PKN 301/98
AI generated
Supreme Court dismissed appeal; work performance risk clauses cannot shift labor law obligations to employees.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee against a labor contract clause limiting weekly hours to 39, contingent on achieving 100% productivity targets. The court found that the employer attempted to transfer the risk of project delays and performance fluctuations to the worker, violating the principle that work tasks must be achievable within normal working time. Consequently, the clause was declared invalid under Article 18 of the Labor Code, and the judgment was upheld.
Legislator headnote
AI generatedArt. 18 § 2 KP; Art. 80 ust. 1 KP; Art. 136 KP; The risk of achieving results in a work contract cannot be transferred to the labor relationship between the employer and the employee.
Keywords
AI generated
labor contract validity
productivity targets
working hours limitation
employer risk allocation
labor code provisions
cassation appeal dismissal
unachievable tasks
Cited Legislation
AI generatedArt. 18 § 2 KP
Art. 80 ust. 1 KP
Art. 136 KP
Art. 393 § 12 KPC