Legislator Case Law & Legislation
I PKN 667/99 AI generated

Supreme Court quashes labor court ruling on overtime pay requiring employer's actual knowledge of work.

Case Number I PKN 667/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the lower court's judgment regarding overtime compensation due to a procedural error in establishing the employer's consent. The plaintiff argued that the employer's failure to object implied consent to systematic overtime work, while the employer contended that such work requires explicit economic justification and the employer's actual awareness. The court ruled that the employer's tacit consent is only valid if they were aware the work was being performed, rejecting the argument that silence equates to permission for prolonged overtime.

Legislator headnote

AI generated

Art. 133, 134, 22 § 1 KP; The employer's tacit consent to overtime work requires actual knowledge that the employee is performing such work, and silence does not automatically constitute permission for systematic excess hours.

Keywords

AI generated
overtime compensation tacit consent employer knowledge labor law systematic overtime employer awareness labor dispute

Cited Legislation

AI generated
Art. 133 KP
Art. 134 KP
Art. 22 § 1 KP
Art. 100 § 2 pkt 4 KP
Art. 393 § 1 KPC

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