Fixed overtime pay does not exempt employer from tracking time if control is not highly difficult.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the appellate court's dismissal of the plaintiffs' claim for overtime pay against a trucking company. The plaintiffs argued that while they received a fixed rate for 13 hours of overtime, the employer failed to track actual hours worked beyond this norm. The court determined that local transport did not constitute 'highly difficult' control, unlike international transport, and thus the fixed rate did not exempt the employer from paying for actual overtime. Consequently, the case was remanded for the lower court to calculate and award appropriate compensation based on the evidence.
Legislator headnote
AI generatedart. 149 § 2 k.p.; art. 134 § 3 k.p.; art. 6 k.c.; art. 322 k.p.c.; art. 393 § 13 k.p.c.: A fixed rate for overtime work does not exempt the employer from paying for actual hours worked beyond the norm when the employee is subject to daily presence and the employer can easily monitor the full working time.