Legislator Case Law & Legislation
II PK 56/05 AI generated

Supreme Court dismisses overtime pay claim for manager, ruling it applies only in exceptional cases.

Case Number II PK 56/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal regarding overtime pay, sending the case back to the lower court for reconsideration. The plaintiff, a worker holding dual roles of supervisor and acting director, argued for overtime compensation based on his duties. The court held that Article 135 of the Labor Code only grants overtime pay to managers in exceptional circumstances where work cannot be completed within standard hours, which was not proven here.

Legislator headnote

AI generated

Art. 135 § 1 k.p.; Art. 233 § 1 k.p.c.; Art. 393 § 1 k.p.c.; Article 135 of the Labor Code grants overtime pay to managers only in exceptional cases where work cannot be completed within standard hours, and Article 233 of the Code of Civil Procedure requires courts to base decisions on actual facts rather than organizational schemes.

Keywords

AI generated
overtime compensation labor code provisions managerial duties exceptional circumstances cassation appeal standard working hours organizational structure

Cited Legislation

AI generated
Art. 135 § 1 k.p.
Art. 233 § 1 k.p.c.
Art. 393 § 1 k.p.c.
art. 135 § 1 k.p
art. 134 § 1 k.p
art. 233 k.p.c
art. 386 § 1 k.p.c
art. 233 § 1 k.p.c
art. 135 k.p
art. 134 k.p

Cited Case Law

AI generated

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