Legislator Case Law & Legislation
II PK 198/08 AI generated

Supreme Court allows civil code claim for employer reimbursement of non-business trip expenses.

Case Number II PK 198/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court set aside the appellate court's dismissal of the employees' claim for reimbursement of travel expenses. The court found that while the trips were not official business journeys under labor law, the employees incurred necessary costs to perform tasks assigned by the employer. Consequently, the court ruled that the Civil Code's mandate to reimburse necessary expenses applies to these situations, requiring the employer to cover the costs.

Legislator headnote

AI generated

art. 742 k.c.; art. 300 k.p.: When an employer assigns a task requiring the employee to incur additional costs, the employer must reimburse those expenses under the Civil Code, even if the trip does not qualify as a business journey under labor law.

Keywords

AI generated
employer expense reimbursement civil code application non-business trip costs labor law gap filling employee task assignment necessary expenses Supreme Court cassation

Cited Legislation

AI generated
art. 742 k.c.
art. 300 k.p.
art. 398 k.p.c.
art. 742 k.c
art. 300 k.p
art. 775 k.p
art. 87 § 1 k.p
art. 774 k.p
art. 391 § 1 k.p.c
art. 3983 pkt 2 k.p.c

Cited Case Law

AI generated

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