Overtime work during employer control without actual labor does not qualify for overtime pay under Labor Code.

The Supreme Court partially overturned the lower court's ruling, quashing the award of 7,666.16 PLN for alleged overtime hours. The court found that while the driver remained under the employer's control, he did not actually perform work during those specific periods. Consequently, the time spent waiting or resting could not be classified as overtime work requiring additional pay. The case was remanded to the appellate court for a new factual determination of actual work hours.