Supreme Court ruled medical duty pay follows hospital law, not overtime code, due to special nature of duty.
Legislator summary
AI generatedThe Supreme Court resolved a legal question regarding whether medical duty pay should be calculated under hospital law or the Labor Code's overtime provisions. The lower court found the plaintiff worked excessive hours without equivalent rest and argued for overtime classification based on EU directives. The court held that medical duty is a special category of work regulated exclusively by the hospital law, which does not exclude its specific payment rules even when total hours exceed limits.
Legislator headnote
AI generatedArt. 32j ust. 1, 4, 5 ustawy z dnia 30 sierpnia 1991 r. o zakładach opieki zdrowotnej; Art. 151 k.p.: Medical duty constitutes a special category of work regulated by hospital law, excluding the application of general overtime provisions from the Labor Code for its remuneration.