I PKN 71/00
AI generated
Supreme Court dismissed cassation, ruling employer bears burden of proof for overtime when time records are missing.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation against a lower court judgment awarding overtime pay to a driver. The employer failed to maintain accurate time records, shifting the burden of proof to them under the Labor Code. Consequently, the court upheld the lower court's finding that the driver's logbooks were reliable evidence of actual work hours.
Legislator headnote
AI generatedArt. 94 pkt 5, 9a KP; Art. 6 KC; Art. 231, 232 KPC; Art. 245 KPC; Art. 227, 232, 233, 227, 328, 393 12 KPC: When an employer fails to maintain proper time records, the burden of proof shifts to them to demonstrate non-work, and private logs supported by witness testimony constitute valid prima facie evidence of overtime.
Keywords
AI generated
burden of proof
overtime compensation
labor code
time records
cassation dismissal
witness testimony
employee logs
Cited Legislation
AI generatedArt. 94 pkt 5, 9a KP
Art. 6 KC
Art. 231 KPC
Art. 232 KPC
Art. 245 KPC
Art. 227 KPC
Art. 233 KPC
Art. 328 KPC
Art. 393 12 KPC
Cited Case Law
AI generatedIII CKN 244/97