Supreme Court partially allowed overtime pay claim for military workers abroad, distinguishing between base wage and specific allowances.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court partially overturned a lower court ruling regarding overtime compensation for a military translator stationed in Iraq. The court found that while the base wage for overtime should be the statutory minimum, specific war and foreign service allowances constitute separate components of remuneration rather than part of the base wage. Consequently, the court upheld the claim for overtime pay calculated on the minimum wage but dismissed the portion claiming the war and foreign allowances should also serve as the base for overtime calculations.
Legislator headnote
AI generatedArt. 1511 § 1 in principio k.p.; § 13 ust. 1 pkt 1 rozporządzenia Rady Ministrów z dnia 21 grudnia 1999 r.: War and foreign service allowances are distinct from base wages and cannot be used as the basis for calculating overtime pay; overtime must be calculated on the statutory minimum wage.