Legislator Case Law & Legislation
I PKN 555/99 AI generated

Supreme Court dismissed appeal; work regulation not established as task-based time system under 1996 law.

Case Number I PKN 555/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 136 KP
Art. 104 KP
Art. 393 § 12 KPC
Art. 98 § 1 KPC
art. 66 ust. 1 Konstytucji

Cited Case Law

AI generated

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