I PK 476/02
AI generated
Polish Supreme Court dismissed appeal; employer's voluntary break without economic need doesn't justify overtime pay.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the cassation appeal filed by a master against his employer regarding unpaid overtime. The lower courts found that the employer voluntarily introduced work breaks at the employee's request and in his interest, which was compensated by a higher salary and no actual harm occurred. Consequently, the court ruled that such breaks do not constitute overtime requiring additional remuneration under the task-based work system.
Legislator headnote
AI generatedArt. 134 k.p.; Art. 136 k.p.: In a task-based work system, voluntary breaks introduced by the employer without economic necessity do not constitute overtime work requiring additional remuneration.
Keywords
AI generated
task-based work system
voluntary work breaks
overtime remuneration
employer discretion
task-based time system
Cited Legislation
AI generatedArt. 134 k.p.
Art. 136 k.p.
art. 135 k.p
art. 385 k.p.c
art. 3931 k.p.c
art. 233 § 1 k.p.c
art. 316 § 1 k.p.c
art. 386 § 6 k.p.c
art. 1296 k.p
art. 386 § 4 k.p.c