Legislator Case Law & Legislation
I PK 116/10 AI generated

Supreme Court dismissed overtime claim; employer denied overtime work, so lump sum diet was not overtime pay.

Case Number I PK 116/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employer against a lower court ruling awarding employees overtime pay. The employees had been seconded abroad for periods where they worked full-time, but the employer consistently argued that no overtime work occurred because local laws prohibited it and the tasks did not require extra hours. The court held that for a lump sum to qualify as an overtime allowance under the Labor Code, the employer must have foreseen and accepted overtime work; since the employer denied such necessity, the increased diet was not an overtime payment.

Legislator headnote

AI generated

Art. 1511 § 4 k.p.; Art. 1511 § 1, 2 k.p.: A lump sum payment labeled as a diet constitutes an overtime allowance only if the employer foresaw and accepted the performance of work beyond the standard working hours; otherwise, it is merely a supplementary benefit unrelated to overtime compensation.

Keywords

AI generated
overtime compensation lump sum allowance labor code provisions employer awareness secondment abroad cassation appeal overtime work

Cited Legislation

AI generated
Art. 1511 § 4 k.p.
Art. 1511 § 1 k.p.
Art. 1511 § 2 k.p.
Art. 398 § 14 k.p.c.
art. 1511 § 4 k.p
art. 1511 § 1 pkt 2 k.p
art. 300 k.p
art. 481 § 1 k.c
art. 1511 § 2 k.p
art. 6 k.c

Cited Case Law

AI generated

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