Legislator Case Law & Legislation
I PKN 665/98 AI generated

Supreme Court allows labor claim for overtime pay and severance, rejecting employer's evidence failure as grounds for dismissal.

Case Number I PKN 665/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland partially allowed the plaintiff's cassation appeal against a lower court's dismissal of his labor claims. The plaintiff sought overtime pay, sick leave wages, and severance, while the employer argued that the plaintiff's failure to register his own business activity should bar the severance claim. The court ruled that the employer's failure to maintain mandatory time records shifted the burden of proof to them, making it impossible to deny the overtime claim. Consequently, the court found the lower court erred in applying the law regarding severance and procedural rules, ordering a retrial.

Legislator headnote

AI generated

Art. 498, 499 KC; Art. 6, 94 pkt a, 12911 KP; Art. 8 ust. 3 pkt 5 of the Act on Special Rules for Termination of Employment Relations; In cases where an employer fails to maintain mandatory time records, the burden of proof shifts to the employer to disprove overtime work, and the inability to strictly verify overtime does not justify dismissing the employee's claim for payment.

Keywords

AI generated
labor law overtime pay burden of proof time records severance pay cassation appeal employer liability

Cited Legislation

AI generated
Art. 498 KC
Art. 499 KC
Art. 6 KC
Art. 94 pkt a KP
Art. 12911 KP
Art. 8 ust. 3 pkt 5 of the Act on Special Rules for Termination of Employment Relations
Art. 80 KP
Art. 1293 KP
Art. 134 KP
Art. 140 KP
Art. 233 KPC
Art. 322 KPC
Art. 39313 KPC

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