Supreme Court dismissed cassation, ruling overtime pay applies to teachers in OHP when working beyond mandatory hours.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the Volunteer Work Corps (OHP) against a lower court judgment awarding overtime pay to a teacher. The court found that applying the mandatory teaching hours regulation created a legal gap regarding compensation, which was correctly filled by interpreting the Teacher's Charter's overtime provisions. Consequently, the court held that working beyond the defined mandatory hours constituted overtime work entitling the employee to additional remuneration.
Legislator headnote
AI generatedArt. 35 Karty Nauczyciela; § 6 rozporządzenia Ministra Edukacji Narodowej z dnia 19 marca 1997 r. w sprawie wynagrodzenia nauczycieli: When a regulation establishing mandatory teaching hours for Volunteer Work Corps employees creates a legal gap regarding compensation, the court must apply the Teacher's Charter's overtime provisions to ensure the employee is paid for work exceeding the mandatory quota.