I PKN 555/99
AI generated
Supreme Court dismissed appeal; work regulation not established as task-based time system under 1996 law.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the employer against the lower court's award of overtime pay. The employer argued that a work regulation established a task-based time system, which would exempt the employee from overtime claims under Article 136 of the Labor Code. The court rejected this because the regulation was not part of the proven factual state and could not retroactively create a task-based system under the 1996 legal framework.
Legislator headnote
AI generatedArt. 136 KP; Art. 104 KP: A work regulation cannot be invoked in cassation to establish a task-based time system if it was not part of the proven facts, nor could it have introduced such a system under the 1996 Labor Code provisions.
Keywords
AI generated
cassation appeal dismissal
task-based time system
work regulation validity
Labor Code 1996
overtime compensation claim
proven factual state
internal work rules
Cited Legislation
AI generatedArt. 136 KP
Art. 104 KP
Art. 393 § 12 KPC
Art. 98 § 1 KPC
art. 66 ust. 1 Konstytucji