Legislator Case Law & Legislation
II PK 221/10 AI generated

Supreme Court rules that a chief accountant performing hidden rotating overtime is not exempt from overtime pay under Art. 1514 § 1 k.p.

Case Number II PK 221/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned the lower court's dismissal of the plaintiff's claim for overtime pay and additional remuneration. The plaintiff, a chief accountant, argued she performed permanent overtime due to poor work organization rather than her own discretion, despite being a manager. The court held that because she lacked autonomy over her working hours and the overtime was continuous and forced by the employer, she did not fall under the statutory exemption for managers, thus entitling her to compensation.

Legislator headnote

AI generated

Art. 1514 § 1 k.p.; Art. 281 pkt 5 k.p.; A manager performing permanent overtime without personal discretion over working hours is not exempt from overtime pay under the cited provision.

Keywords

AI generated
overtime remuneration chief accountant hidden rotating work manager exemption work organization labor autonomy Supreme Court ruling

Cited Legislation

AI generated
Art. 1514 § 1 k.p.
Art. 281 pkt 5 k.p.
Art. 281 § 1 k.k.
Art. 398 § 16 k.p.c.
art. 1514 § 1 k.p
art. 151 § 1 k.p
art. 131 § 2 k.p
art. 129 § 1 k.p
art. 151 § 3 k.p
art. 316 § 1 k.p.c

Cited Case Law

AI generated

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