Legislator Case Law & Legislation
I PKN 301/98 AI generated

Supreme Court dismissed appeal; work performance risk clauses cannot shift labor law obligations to employees.

Case Number I PKN 301/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 18 § 2 KP
Art. 80 ust. 1 KP
Art. 136 KP
Art. 393 § 12 KPC

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