Supreme Court ruled overtime base excludes special hardship and seniority allowances under Labor Code.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's claim for unpaid overtime pay against a correctional facility. The plaintiff argued that overtime calculations should include special hardship and seniority allowances as part of the base wage defined by personal classification. The court held that these specific allowances do not stem from the personal classification rate but from separate criteria like job difficulty or tenure length. Consequently, the court determined they cannot be included in the base for overtime calculations under the applicable Labor Code provisions.
Legislator headnote
AI generatedArt. 134 § 12 k.p.; Art. 134 § 1 k.p. The remuneration resulting from an employee's personal classification set at an hourly or monthly rate, serving as the basis for overtime pay calculations, does not include the special allowance for difficult work or the seniority allowance.