I PKN 143/98
Generato dall'IA
Overtime work during employer control without actual labor does not qualify for overtime pay under Labor Code.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court partially overturned the lower court's ruling, quashing the award of 7,666.16 PLN for alleged overtime hours. The court found that while the driver remained under the employer's control, he did not actually perform work during those specific periods. Consequently, the time spent waiting or resting could not be classified as overtime work requiring additional pay. The case was remanded to the appellate court for a new factual determination of actual work hours.
Regesto Legislator
Generato dall'IAArt. 133 § 1 KP; Art. 134 KP: Time spent under employer control without actual performance of work does not constitute overtime work and is not entitled to overtime remuneration.
Parole chiave
Generato dall'IA
overtime remuneration
employer control
actual work performance
labor code provisions
remittance of judgment
driver duties
overtime calculation
Disposizioni normative citate
Generato dall'IAArt. 133 § 1 KP
Art. 134 KP
Art. 128 KP
Art. 85 KP
Art. 100 KPC
Art. 393 § 1 KPC
Art. 393 § 2 KPC
Art. 463 § 2 KPC
Giurisprudenza citata
Generato dall'IAI PR 83/75