Legislator Case Law & Legislation
III APa 29/12 AI generated

Court allows overtime pay for executives forced to work late due to poor work organization.

Case Number III APa 29/12
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The appellate court partially allowed the plaintiff's claim for overtime pay and a 50% supplement, reversing the lower court's dismissal on this specific point. The plaintiff, an executive, argued that mandatory late-night meetings forced him to work beyond statutory hours despite his position, while the employer contended he was merely present at the workplace. The court ruled that the employer failed to prove the late work was due to personal necessity rather than flawed organizational practices, establishing that executives cannot be denied overtime pay when compelled by poor scheduling.

Legislator headnote

AI generated

Art. 129 § 1 k.p.; Art. 151 § 1 pkt 2 k.p.; Art. 151 § 4 pkt 1 k.p.; Art. 232 k.p.c.; Art. 385 k.p.c.; Art. 100 k.p.c. - Executives are entitled to overtime pay and supplements if forced to work beyond statutory hours due to employer-imposed organizational failures, not personal necessity.

Keywords

AI generated
overtime pay entitlement executive labor rights work organization fault statutory working hours labor dispute appeal employer burden of proof overtime supplement

Cited Legislation

AI generated
Art. 129 § 1 k.p.
Art. 151 § 1 pkt 2 k.p.
Art. 151 § 4 pkt 1 k.p.
Art. 232 k.p.c.
Art. 385 k.p.c.
Art. 100 k.p.c.
art. 129 k.p
art. 193 § 2 k.p.c
art. 52 § 1 pkt 1 k.p
art. 300 k.p

Cited Case Law

AI generated
S.N. z dnia 10 listopada 2009 r. w sprawie II PK 51/09
S.N. z dnia 06 kwietnia 2011 r. w sprawie II PK 254/10
I PK 16/2002
I PK 139/2002
I PK 398/2003
I PK 96/2004
II PK 166/2005
III PK 22/04
Supreme Court dismisses claim that managers cannot be denied overtime pay if forced by poor work organization.

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