Supreme Court dismissed overtime claim; employer denied overtime work, so lump sum diet was not overtime pay.
Legislator summary
AI generatedThe 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 generatedArt. 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.