Legislator Case Law & Legislation
I PK 40/06 AI generated

Polish Supreme Court allows overtime pay claim where bonus scheme concealed excessive hours worked.

Case Number I PK 40/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland overturned the lower court's dismissal of an employee's claim for unpaid overtime wages. The employee argued that a voluntary bonus scheme used by the employer to disguise excessive overtime hours was invalid. The court ruled that such a scheme cannot replace the statutory obligation to pay for work actually performed beyond the legal limit, as the bonus amount did not reflect the true hours worked. Consequently, the case was remanded to the appellate court to calculate the specific overtime compensation owed.

Legislator headnote

AI generated

Art. 133 § 2 k.p.; Art. 134 § 3 k.p.: A voluntary bonus scheme used to conceal excessive overtime hours does not exempt the employer from the statutory obligation to pay remuneration for work actually performed beyond the legal limit.

Keywords

AI generated
overtime compensation bonus scheme validity labor law Poland excessive hours remuneration calculation

Cited Legislation

AI generated
Art. 133 § 2 k.p.
Art. 134 § 3 k.p.
art. 133 § 2 k.p
art. 128 k.p
art. 328 § 2 k.p.c
art. 129 k.p
art. 1294 § 1 k.p
art. 134 § 3 k.p

Cited Case Law

AI generated
I PRN 42/79
I PRN 107/76
III APr 71/95

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