II PK 114/04
AI generated
Supreme Court dismissed cassation regarding overtime pay for a manager performing equal work duties.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a poultry factory manager against an award of overtime wages. The court found that the manager's duties involved performing work on equal footing with other employees rather than merely supervising a specific department. Consequently, the lower courts' determination that the employee was entitled to overtime pay was upheld as legally correct.
Legislator headnote
AI generatedArt. 135 k.p.; Art. 143 k.p.; Art. 233 § 1 k.p.c.: The scope of Art. 135 of the Labor Code does not cover managers of isolated organizational units whose obligations extend beyond organizing control and supervision of subordinate employees' activities, but instead involve performing work on an equal footing with them.
Keywords
AI generated
overtime compensation
labor code scope
manager duties
equal footing work
freedom of evidence assessment
cassation dismissal
overwork record
Cited Legislation
AI generatedArt. 135 k.p.
Art. 143 k.p.
Art. 233 § 1 k.p.c.
Art. 12911 k.p.
art. 135 k.p
art. 6 k.c
art. 316 k.p.c
art. 233 § 1 k.p.c
art. 12911 k.p
art. 143 k.p