Supreme Court dismissed overtime claims due to lack of evidence, allowing only incidental correction of work certificate.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland partially dismissed the plaintiffs' cassation appeal against the district court's judgment. The plaintiffs sought correction of their employment certificates and payment for overtime and night work, arguing they worked full-time despite contractual part-time arrangements. The court rejected the certificate correction due to lack of legal justification but allowed the overtime claim because the employer failed to prove the exact hours worked, violating the burden of proof rules.
Legislator headnote
AI generatedArt. 291 § 1 KP; Art. 393 § 1 KPC; Art. 233 § 1 KPC; Art. 6 KC; Art. 129 § 1 KP: While parties freely agree on working hours, an employer cannot avoid liability for overtime by claiming the employee worked beyond the contract if the employer fails to maintain or provide time records, shifting the burden of proof to the employer.