Legislator Case Law & Legislation
I PK 107/08 AI generated

Supreme Court allows overtime pay claim where employer failed to designate a workplace, making travel time part of working hours.

Case Number I PK 107/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed the appellate court's decision to dismiss the plaintiff's claim for overtime pay and remanded the case for a new ruling. The lower courts had found that the employee's travel time between his home and various retail locations constituted working hours because the employer did not provide a fixed workplace. The court upheld this finding, rejecting the employer's argument that the employee voluntarily organized his schedule, and determined that the statutory definition of working time included these travel periods.

Legislator headnote

AI generated

Art. 128 k.p.; Art. 135 k.p.: Working time under the Labor Code commences from the employee's departure from their residence when the employer has not organized a workplace, encompassing the return journey after the main task is completed.

Keywords

AI generated
Labor Code working time definition overtime pay entitlement travel time compensation fixed workplace requirement employee autonomy Supreme Court ruling

Cited Legislation

AI generated
Art. 128 k.p.
Art. 135 k.p.
Art. 17 ust. 1 lit. a dyrektywy 2003/88/WE
Art. 8 k.p.
Art. 321 § 1 k.p.c.
Art. 187 k.p.c.
Art. 398 § 15 k.p.c.
§ 8 rozporządzenia Ministra Pracy i Polityki Socjalnej z 28 maja 1996 r.
art. 128 k.p
art. 231 k.p

Cited Case Law

AI generated

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