Legislator Case Law & Legislation
II PK 44/07 AI generated

Supreme Court dismissed appeal; train driver bonuses apply only during active locomotive operation, not waiting periods.

Case Number II PK 44/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a train driver against a lower court's ruling. The driver argued that specific allowances for locomotive operation should cover waiting times and passenger travel to the assignment point, which the lower courts had classified as working time. The Court held that these periods were part of the planned daily working time rather than non-working time, meaning the statutory bonuses for non-working periods did not apply. Furthermore, the Court rejected the procedural claim regarding evidence evaluation, ruling that such issues fall outside the scope of cassation review under the Civil Procedure Code.

Legislator headnote

AI generated

Art. 128 k.p.; § 5 rozporządzenia Ministra Pracy i Polityki Socjalnej z dnia 29 maja 1996 r.: Bonuses for locomotive operation apply exclusively to the time of actual vehicle operation, not to periods of waiting, passenger travel, or handover.

Keywords

AI generated
locomotive operation waiting time passenger travel non-working time cassation appeal Civil Procedure Code train driver

Cited Legislation

AI generated
art. 128 k.p.
§ 5 rozporządzenia Ministra Pracy i Polityki Socjalnej z dnia 29 maja 1996 r.
art. 3983 § 3 k.p.c.
art. 39814 k.p.c.
art. 128 k.p
art. 128 § 1 k.p
art. 233 § 1 k.p.c
art. 316 k.p.c
art. 9 k.p
art. 233 k.p.c

Cited Case Law

AI generated

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