II UKN 211/99
AI generated
Employer not liable for teacher's occupational disease as overtime work was lawful and consensual.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a teacher seeking additional disability pension from her employer. The lower courts found that the teacher contracted an occupational disease while working legally agreed-upon overtime hours. The court ruled that the employer's actions were not unlawful and therefore did not constitute a tort under Article 415 of the Civil Code, negating civil liability.
Legislator headnote
AI generatedArt. 415 KC; Art. 444 § 2 KC; Art. 393 § 12 KPC: An employer is not civilly liable for an employee's occupational disease if the employment of the employee in extended hours was lawful and did not violate legal regulations.
Keywords
AI generated
occupational disease liability
civil code tort
lawful overtime work
employer negligence
consensual employment
Cited Legislation
AI generatedArt. 415 KC
Art. 444 § 2 KC
Art. 393 § 12 KPC
Art. 393 § 15 KPC
Act of 12 June 1975 on benefits for work accidents and occupational diseases