II PK 72/05
AI generated
Supreme Court allows teacher's claim for vacation leave equivalent including supplementary leave under Teacher's Charter.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court reversed the lower court's dismissal, ruling that a teacher is entitled to an equivalent payment for unused supplementary leave in addition to regular vacation leave. The court determined that the statutory right to an equivalent arises from the Teacher's Charter, which specifically covers supplementary leave, whereas the Labor Code applies only to gaps not covered by special regulations. Consequently, the plaintiff's claim was upheld, and the school was ordered to pay the calculated amount.
Legislator headnote
AI generatedArt. 172 k.p.; Art. 66 ust. 2 ustawy Karty Nauczyciela: The right to an equivalent for unused vacation leave extends to supplementary leave for teachers, as special regulations prevail over general labor code provisions.
Keywords
AI generated
Teacher's Charter
supplementary leave
vacation equivalent
labor law hierarchy
employment rights
statutory interpretation
educational staff
Cited Legislation
AI generatedArt. 172 k.p.
Art. 66 ust. 2 ustawy z dnia 26 stycznia 1982 r. - Karta Nauczyciela
Art. 393 k.p.c.
Art. 98 k.p.c.
art. 172 k.p
art. 6 k.c
art. 300 k.p
art. 291 k.p
art. 3931 pkt 1 k.p.c
art. 39311 k.p.c