Legislator Case Law & Legislation
II PK 149/08 AI generated

Supreme Court allows overtime pay claim and invalidates unequal pay agreements violating equal treatment principles.

Case Number II PK 149/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially overturned the lower court's dismissal of Maria P.'s claims against a university regarding unjustified termination, unused vacation, and unequal pay. The court held that while the employer had valid reasons for the termination, the agreement allowing unequal pay for comparable work violated the mandatory principle of equal treatment. Consequently, the claim for overtime compensation and damages for unequal treatment were remanded for reconsideration, whereas the appeal on other grounds was dismissed.

Legislator headnote

AI generated

Art. 1514 § 1 k.p.; Art. 18 § 3 k.p.: Employers managing a specific organizational unit may be exempt from overtime pay, but employment agreements cannot validly establish unequal pay for comparable work, as such clauses violate the mandatory principle of equal treatment.

Keywords

AI generated
equal treatment principle overtime compensation unjustified dismissal labor agreement validity comparable work standard remand for retrial mandatory labor law

Cited Legislation

AI generated
Art. 1514 § 1 k.p.
Art. 18 § 3 k.p.
Art. 18 § 3b § 1 in fine k.p.
Art. 3531 k.c.
Art. 112 k.p.
Art. 113 k.p.
Art. 183a-183c k.p.
Art. 398 § 14 k.p.c.
Art. 398 § 15 k.p.c.
Art. 398 § 21 k.p.c.
Art. 108 § 2 k.p.c.
Art. 102 k.p.c.
§ 15 of the Minister of Justice Regulation of 28 September 2002

Cited Case Law

AI generated

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