Supreme Court allows labor claim for overtime pay and severance, rejecting employer's evidence failure as grounds for dismissal.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court of Poland partially allowed the plaintiff's cassation appeal against a lower court's dismissal of his labor claims. The plaintiff sought overtime pay, sick leave wages, and severance, while the employer argued that the plaintiff's failure to register his own business activity should bar the severance claim. The court ruled that the employer's failure to maintain mandatory time records shifted the burden of proof to them, making it impossible to deny the overtime claim. Consequently, the court found the lower court erred in applying the law regarding severance and procedural rules, ordering a retrial.
Regeste Legislator
Généré par l'IAArt. 498, 499 KC; Art. 6, 94 pkt a, 12911 KP; Art. 8 ust. 3 pkt 5 of the Act on Special Rules for Termination of Employment Relations; In cases where an employer fails to maintain mandatory time records, the burden of proof shifts to the employer to disprove overtime work, and the inability to strictly verify overtime does not justify dismissing the employee's claim for payment.