Supreme Court dismissed cassation; unconstitutional labor rules do not constitute force majeure under Art. 293 of Labor Code.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by doctors seeking unpaid night shift wages from 1978 to 1997. The lower court had rejected the claim due to the statute of limitations, noting that the defendants lacked joint liability and the state was not the employer during the relevant period. The Court held that the subsequent finding of unconstitutionality of the wage regulations by the Constitutional Tribunal did not suspend the limitation period under Article 293 of the Labor Code, as the plaintiffs had already pursued their claims based on those laws prior to the ruling.
Regesto Legislator
Generato dall'IAArt. 293 k.p.; Art. 295 k.p.; Art. 8 k.p.; Art. 77 ust. 1 Konstytucji z 1997 r.; Art. 417-420 k.c.; The declaration of unconstitutionality of labor regulations by the Constitutional Tribunal does not constitute force majeure or a ground for suspending the statute of limitations for wage claims.