Legislator Case Law & Legislation
II PK 18/05 AI generated

Supreme Court voids regulation allowing lower overtime pay for academic staff than base rate.

Case Number II PK 18/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court quashed the lower court's dismissal of a professor's claim for unpaid overtime wages. The plaintiff argued that a specific government regulation permitting lower rates for extra teaching hours violated the Code of Civil Procedure and the Constitution. The court held that such a regulation was unconstitutional because it allowed payments below the base rate, which contradicts the principle that overtime cannot be less than the standard hourly wage.

Legislator headnote

AI generated

§ 7 of the Minister of National Education's Regulation of 17 May 1994 on Academic Staff Remuneration; art. 13, art. 78 § 1 and art. 80 of the Code of Civil Procedure: A regulation permitting payment for extra teaching hours lower than the base rate is contrary to law and cannot be applied.

Keywords

AI generated
academic staff overtime unconstitutional regulation minimum wage ratio Code of Civil Procedure academic remuneration

Cited Legislation

AI generated
§ 7 of the Minister of National Education's Regulation of 17 May 1994 on Academic Staff Remuneration
art. 13 of the Code of Civil Procedure
art. 78 § 1 of the Code of Civil Procedure
art. 80 of the Code of Civil Procedure
art. 393 of the Code of Civil Procedure
art. 393 § 1 of the Code of Civil Procedure
art. 108 § 2 of the Code of Civil Procedure
art. 80 k.p
art. 13 k.p
art. 78 k.p

Cited Case Law

AI generated

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