I PK 191/09
AI generated
Supreme Court dismisses overtime claim due to statute of limitations after employer takeover.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed Maria K.'s cassation appeal regarding unpaid overtime wages earned between February and April 2003. The court found that the three-year limitation period for wage claims began on April 30, 2003, when the relevant accounting period under the old collective agreement expired. Consequently, the lawsuit filed in June 2006 was deemed time-barred under Article 291 of the Labor Code.
Legislator headnote
AI generatedArt. 2418 § 1 k.p.; Art. 291 § 1 k.p.: Upon employer takeover, the successor is bound by the predecessor's collective agreement until a new one takes effect; the limitation period for wage claims runs from the end of the accounting period covered by that agreement.
Keywords
AI generated
employer takeover
statute of limitations
overtime wages
collective agreement
accounting period
labor code
cassation appeal
Cited Legislation
AI generatedArt. 2418 § 1 k.p.
Art. 291 § 1 k.p.
Art. 398 § 2 k.p.c.
Art. 102 k.p.c.
Art. 398 § 21 k.p.c.
art. 2418 § 1 k.p
art. 231 § 1 k.p
art. 23¹ k.p
art. 291 § 1 k.p
art. 295 k.p
Cited Case Law
AI generatedI PK 295/02
Supreme Court dismissed appeal; employer may document employee non-performance; records must be in personnel files.
III PK 22/04
Supreme Court dismisses claim that managers cannot be denied overtime pay if forced by poor work organization.
II PK 106/04
Supreme Court dismisses claim that overtime pay is denied to managers due to organizational duties.