Legislator Case Law & Legislation
I PK 202/09 AI generated

Supreme Court dismissed overtime claim where manager's local duties were deemed management functions without employer order.

Case Number I PK 202/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal regarding unpaid overtime and night work premiums. The court found that the plaintiff, acting as a manager of a remote local unit, was performing management duties without a direct superior and without specific employer orders. Consequently, the court ruled that such self-initiated activities did not constitute work hours entitled to remuneration under Polish labor law.

Legislator headnote

AI generated

Art. 1511 § 1 k.p.; Art. 1514 § 1 k.p.; Art. 1554 k.p.: A manager performing duties in a remote local unit without a direct superior is considered a management employee without right to overtime pay if actions are not ordered by the employer.

Keywords

AI generated
overtime remuneration management functions remote local unit labor law dispute employer order requirement cassation appeal dismissal night work premium

Cited Legislation

AI generated
Art. 1511 § 1 k.p.
Art. 1514 § 1 k.p.
Art. 1554 k.p.
Art. 39813 § 2 k.p.c.
Art. 39814 k.p.c.
Art. 98 k.p.c.
art. 128 § 2 pkt 2 k.p
art. 233 §1 k.p.c
art. 1514 § 1 k.p
art. 233 k.p.c

Cited Case Law

AI generated

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