Legislator Case Law & Legislation
II PK 165/05 AI generated

Supreme Court allows overtime claim under task system, rejecting appeal on evidence failure.

Case Number II PK 165/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially allowed the plaintiff's overtime claim against the defendant company, modifying the lower court's judgment on interest and specific amounts. The court found that under the task-based work system, the employer must prove tasks were executable within standard hours, and the evidence clearly showed the plaintiff worked beyond the agreed 42-hour week. The appeal was dismissed because the defendant failed to provide new evidence to contradict the established facts, and the court ruled that the task system does not automatically exempt employers from overtime liability if work exceeds statutory norms.

Legislator headnote

AI generated

Art. 140 k.p.; Art. 129 k.p.; Art. 381 k.p.c.; Art. 233 § 1 k.p.c.; Art. 81 k.p. The employer applying a task-based work system must demonstrate that assigned tasks were executable within standard working hours; failure to produce evidence in the first instance precludes raising this objection on appeal, and work exceeding the contractual norm constitutes overtime regardless of the task system.

Keywords

AI generated
task-based work system overtime compensation evidence failure appeal standard working hours labor law dispute

Cited Legislation

AI generated
Art. 140 k.p.
Art. 129 k.p.
Art. 381 k.p.c.
Art. 233 § 1 k.p.c.
Art. 81 k.p.
Art. 392 § 12 k.p.c.
art. 140 k.p
art. 129 k.p
art. 381 k.p.c
art. 129 § 1 k.p

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