II PK 99/06
AI generated
Supreme Court partially allowed appeal on equal working time validity in employment contract without work regulations.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court partially overturned the appellate court's dismissal of the plaintiff's claim for overtime pay. The lower courts failed to determine if the employer was legally required to establish a work regulation, which would dictate whether equal working time could be set via contract. Consequently, the Supreme Court found the first-instance ruling on overtime invalid due to this procedural gap and remanded the case for reconsideration.
Legislator headnote
AI generatedArt. 1294 k.p.; Art. 129 k.p.: Equal working time may be established in an employment contract only if the employer is not obligated to adopt a work regulation; failure to ascertain this statutory obligation invalidates the lower court's conclusion on the validity of the contractual arrangement.
Keywords
AI generated
equal working time
employment contract
work regulation
overtime pay
labor law procedure
remand for retrial
statutory obligation
Cited Legislation
AI generatedArt. 1294 k.p.
Art. 129 k.p.
Art. 78 § 1 i 2 k.p.
Art. 18 § 2 k.p.
Art. 8 k.p.
Art. 65 § 1 k.c.
Art. 300 k.p.
Art. 134 § 3 k.p.
Art. 398 § 1 k.p.c.
Art. 108 § 2 k.p.c.
Art. 398 § 21 k.p.c.