Supreme Court dismissed appeal; rest breaks where driver must supervise passengers do not count as rest time.
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's cassation appeal regarding overtime pay for rest breaks. The appellant argued that breaks involving passenger supervision should count as work time, while the employer maintained that only breaks where the driver is completely free from duties qualify. The court ruled that because the driver remained under obligation to ensure safety and supervise the vehicle and passengers, such breaks did not meet the legal definition of rest time, thus upholding the lower court's decision.
Legislator headnote
AI generated§ 5 ust. 1 rozporządzenia Rady Ministrów z dnia 27 grudnia 1974 r.: A rest break does not count as work time if the employee is not under the employer's disposal and can use the time freely without supervision duties or safety responsibilities.