Legislator Case Law & Legislation
II PK 93/06 AI generated

Supreme Court dismissed appeal; task time allowed by contract even without employer's work rules.

Case Number II PK 93/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee seeking overtime pay. The lower court found that the employee worked under a task-based schedule because he independently set his hours to complete assigned duties within statutory limits. The court upheld this decision, ruling that the law permitted establishing task-based time via employment contract even when the employer's work regulations did not specify it.

Legislator headnote

AI generated

Art. 1298 § 2 k.p.; Art. 1041 § 1 pkt 2 k.p.: Task-based working time may be established by employment contract even if not provided in the employer's work regulations.

Keywords

AI generated
task-based working time employment contract provisions work regulations absence overtime calculation rules labor law interpretation

Cited Legislation

AI generated
Art. 1298 § 2 k.p.
Art. 1041 § 1 pkt 2 k.p.
Art. 133 § 1 k.p.
Art. 133 § 21 k.p.
Art. 151 § 1 k.p.
Art. 140 k.p.
Art. 398 § 14 k.p.c.
art. 1041 § 1 pkt 2 k.p
art. 144 k.p
art. 129 § 1 k.p

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