Legislator Case Law & Legislation
I PZP 10/07 AI generated

Supreme Court rules overtime pay covers all claims but rest time requires separate damages or compensation.

Case Number I PZP 10/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether medical duty pay fully satisfies claims for lost rest time and overtime. The court held that while the specific statutory rate covers the work aspect, it does not replace the right to rest, which must be addressed separately through general damages or compensation. Consequently, the court clarified that employees are entitled to claim additional remedies if their rest rights are violated, distinct from the standard overtime payment.

Legislator headnote

AI generated

Art. 32j ust. 1 z. o. ZOZ; Art. 132, 133 k.p.: The statutory remuneration for medical duty covers claims for overtime work but does not exhaust the employee's right to rest; therefore, separate claims for compensation or damages for denied rest periods remain admissible.

Keywords

AI generated
medical duty pay overtime compensation rest time rights personal rights civil liability health protection damages for rest

Cited Legislation

AI generated
Art. 32j ust. 1 z. o. ZOZ
Art. 132 k.p.
Art. 133 k.p.
Art. 23 k.c.
Art. 24 k.c.
Art. 417 k.c.
Art. 471 k.c.
art. 390 § 1 k.p.c
art. 128 § 1 k.p
art. 1511 k.p

Cited Case Law

AI generated

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