I PKN 504/98
AI generated
Teacher's vacation leave in non-holiday schools must be calculated in calendar weeks, not work days, per Teacher's Card.
Legislator summary
AI generatedThe Supreme Court dismissed the teacher's cassation appeal regarding the calculation of unused vacation leave in a non-holiday school. The lower courts had allowed the teacher to use remaining leave in work days combined with statutory holidays, citing the Labor Code. The Court ruled that the Teacher's Card specifically governs vacation leave for teachers, requiring it to be measured in calendar weeks rather than work days to prevent manipulation of the leave system.
Legislator headnote
AI generatedart. 64 ust. 3 i 4 ustawy o Karcie Nauczyciela; The vacation leave of a teacher employed in a school without school holidays must be calculated in calendar weeks and cannot be partially utilized in work days combined with statutory holidays.
Keywords
AI generated
Teacher's Card
vacation leave calculation
calendar weeks
non-holiday schools
lex specialis
Labor Code application
unused leave
Cited Legislation
AI generatedart. 64 ust. 3 i 4 ustawy z dnia 26 stycznia 1982 r. - Karta Nauczyciela
art. 91c ust. 1 ustawy z dnia 26 stycznia 1982 r. - Karta Nauczyciela
art. 162 Kodeksu pracy
art. 393 KPC