Legislator Case Law & Legislation
II PZP 11/05 AI generated

Polish Supreme Court rules Sunday work without rest day entitles employee to only one overtime supplement, not two.

Case Number II PZP 11/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether employees working Sundays and holidays without compensatory time off are entitled to two separate overtime supplements. The plaintiff argued for a combined 200% wage increase based on two distinct articles, while the defendant contended that only one supplement applies. The court ruled that such a dual entitlement lacks statutory basis, establishing that employees receive only one supplement for Sunday work unless specific weekly overtime thresholds are met.

Legislator headnote

AI generated

Art. 1511 § 2 k.p.; Art. 15111 § 2 in fine and § 3 k.p.: In the absence of a compensatory rest day for Sunday or holiday work, the employee is entitled to only one supplement under Art. 15111 § 2 in fine and § 3 k.p., not two separate supplements.

Keywords

AI generated
Sunday work compensation holiday work supplements compensatory rest day weekly overtime threshold Polish labor code dual supplement claim statutory interpretation

Cited Legislation

AI generated
Art. 1511 § 2 k.p.
Art. 15111 § 2 in fine and § 3 k.p.
art. 15111 k.p
art. 15111 § 2 k.p
art. 1511 § 2 k.p
art. 1511 k.p
art. 1511 § 1 k.p
art. 15110 k.p
art. 151 k.p
art. 129 § 1 k.p

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