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I PK 157/09 AI generated

Overtime time off granted by employee request does not entitle to overtime premium or vacation pay rules.

Case Number I PK 157/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the employer's cassation appeal regarding an employee's claim for overtime pay and travel allowances. The court held that time off granted upon the employee's written request in exchange for overtime hours is not a suspension of work entitled to vacation pay rates, nor does it preclude the employee from receiving their normal overtime wage. Consequently, the employee was awarded the normal overtime rate without the overtime premium, and the employer was ordered to pay the employee's legal costs.

Legislator headnote

AI generated

Art. 1512 § 1 k.p.; Art. 1511 § 3 k.p.: Time off granted by employee request in exchange for overtime hours is not a suspension of work entitled to vacation pay rates, and the employee retains the right to receive normal overtime remuneration without the overtime premium.

Keywords

AI generated
employee request time off overtime premium entitlement vacation pay calculation normal overtime remuneration cassation appeal dismissal labor code provisions remuneration standards

Cited Legislation

AI generated
Art. 1512 § 1 k.p.
Art. 1511 § 3 k.p.
Art. 80 k.p.
Art. 1511 § 1 k.p.
§ 5 rozporządzenia Ministra Pracy i Polityki Socjalnej z dnia 29 maja 1996 r.
Art. 398 § 14 k.p.c.
Art. 98 k.p.c.
art. 1512 § 1 k.p
art. 1511 § 3 k.p
art. 1511 § 1 k.p

Cited Case Law

AI generated
I PK 230/07
Supreme Court dismissed cassation on overtime pay, clarifying that sleeping in a truck cab does not constitute free accommodation.
I PK 208/07
Supreme Court quashes travel expense award, ruling business trip requires employer's explicit instruction and specific task execution.
II PK 165/06
Court dismissed appeal; voluntary agreement trip is not business travel under Art. 775 § 1 k.p.
II PK 210/00
I PK 96/08
Contract clause allowing employer to change work location without limits is void under Labor Code.
II PK 230/08
Supreme Court dismissed claim for business travel allowance for driver working permanently abroad under contract terms.

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