Legislator Case Law & Legislation
I PKN 80/00 AI generated

Supreme Court dismisses overtime claim by manager for lack of time records, citing statutory inapplicability and self-management duties.

Case Number I PKN 80/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal regarding unpaid overtime and weekend work compensation. The court found the plaintiff, a store manager, was exempt from overtime pay under the Labor Code due to his leadership role and had already received time off in lieu for weekend work. Consequently, the claim was rejected because the plaintiff failed to prove he did not utilize the granted time off and the specific overtime provisions cited were inapplicable to the relevant period.

Legislator headnote

AI generated

Art. 135 § 1 KP; Rozporządzenie Rady Ministrów z dnia 20 września 1974 r.; Art. 149 § 2 KP; Art. 1293 § 2 i 3 KP; Art. 12911 KP: Managers occupying leadership positions are exempt from separate overtime remuneration if they manage work schedules and grant time off in lieu, and claims based on non-existent time records are inadmissible when the employee failed to prove non-usage of granted leave.

Keywords

AI generated
Labor Code Overtime Pay Manager Exemption Time Off In Lieu Time Records Cassation Appeal Self-Management

Cited Legislation

AI generated
Art. 135 § 1 KP
Rozporządzenie Rady Ministrów z dnia 20 września 1974 r.
Art. 149 § 2 KP
Art. 1293 § 2 i 3 KP
Art. 12911 KP
Art. 393 § 12 KPC
art. 56 § 2 k.p

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