II PK 51/09
AI generated
Supreme Court dismissed overtime claim where employer's tacit consent overrode written regulation requirements.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court ruling awarding overtime pay and damages to an employee. The employee argued that her work after normal hours violated company regulations requiring written orders, while the employer contended that such rules were merely procedural. The court held that the employer's tacit acceptance of the work and the employee's knowledge of it satisfied the legal definition of overtime, rendering the lack of a written order irrelevant.
Legislator headnote
AI generatedArt. 151 § 1 k.p.; Art. 128 § 1 k.p.; The failure to observe procedural rules in a work regulation does not preclude the recognition of work performed after normal hours if the employer authorized it and the employee accepted it.
Keywords
AI generated
overtime compensation
work regulation
tacit consent
labor dispute
cassation appeal
employer authorization
procedural rules
Cited Legislation
AI generatedArt. 151 § 1 k.p.
Art. 128 § 1 k.p.
Art. 398 § 1 k.p.c.
art. 128 § 1 k.p
art. 151 § 1 k.p
art. 151 § 1 pkt 1 k.p
art. 94 pkt 5 k.p
art. 45 Konstytucji
art. 227 k.p.c
art. 217 k.p.c