Supreme Court dismissed appeal; job title irrelevant, only actual work tasks determine special conditions status.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal against a labor court ruling that rejected the plaintiff's claim for damages and a special conditions work certificate. The plaintiff argued he worked in special conditions from 1970 to 1994, but the court found his duties as a foreman included tasks outside the specific repair tunnel, preventing a full-time classification. The court held that the nature of assigned tasks, not the job title, defines special conditions, and since the plaintiff had concurrent duties, the lower court's decision was correct.
Regesto Legislator
Generato dall'IAArt. 213 k.p.c.; Art. 61 k.c., Art. 82-86 k.c., Art. 58 k.c., Art. 128 § 1 k.p., § 2 ust. 1 rozporządzenia Rady Ministrów z dnia 7 lutego 1983 r.: The assessment of whether an employee worked under special conditions depends solely on the type of tasks actually performed, not the job title; if other duties exist alongside the specific work, the condition is not met.