II PK 113/05
AI generated
Supreme Court dismissed cassation; employer cannot refuse overtime pay due to financial burden.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a children's hospital against a lower court ruling awarding doctors overtime pay. The court found that the lower court correctly determined the doctors performed effective work throughout their shifts, including breaks, and that the employer's claim of excessive financial burden was irrelevant. Consequently, the court held that statutory provisions on overtime remuneration apply regardless of the employer's financial situation.
Legislator headnote
AI generatedArt. 151 § 1 k.p.; Art. 298 k.c.; Art. 128 k.p.: The employer cannot refuse payment of remuneration for work performed in excess hours on the grounds that it constitutes an excessive financial burden for the employer.
Keywords
AI generated
overtime remuneration
excessive financial burden
children's hospital doctors
cassation appeal
Supreme Court dismissal
work hours calculation
statutory provisions
Cited Legislation
AI generatedArt. 151 § 1 k.p.
Art. 298 k.c.
Art. 128 k.p.
Art. 393 § 1 k.p.c.
art. 66 ust. 2 Konstytucji
art. 128 k.p
art. 144 k.p
art. 133 § 1 k.p
art. 3931 k.p.c
art. 190 ust. 3 Konstytucji RP