- New Case Law of the Supreme Court Concerning Remuneration for Overtime
- July 4, 2014
- Law Firm: BSJP Brockhuis Jurczak Prusak Sp.k. - Warsaw Office
Resolution of the Supreme Court, Labour Law, Social Security and Public Affairs Chamber, of 4th April 2014, I PK 249/13:
“An employer is not obliged to pay a worker an allowance for overtime if the person employed on a part-time basis has duties the fulfilment of which takes longer than the number of hours stipulated in the contract, however less than eight hours per day. It is only work carried out above the working time norms applicable to the particular worker, as well as tasks carried out above the extended daily working time arising from the applicable working time system and arrangement, that constitute overtime work. Nonetheless, a worker that is engaged in full-time work on a permanent basis, despite being employed on a part-time basis, has the right to apply to have his contract converted into a full-time contract.”
The above situation concerned a worker employed on a part-time basis where, under the employment contract, the parties to the employment relationship had stipulated the permissible number of working hours in excess of the working time specified within the contract. Exceeding the limit gives the worker the right to claim, in addition to regular remuneration, a compensatory allowance.
Furthermore, as regards the above resolution, the conclusion contained in its second sentence is also of significance, where it is ruled that a worker employed on a part-time basis has the right to raise a claim to have his contract converted if, due to the amount of work with which he is entrusted, his working hours exceed the working time specified within the employment contract on a permanent basis.