Additional remuneration for overtime work should take into account the working time of the employee - ruled the Court of Justice of the EU. What does this mean for Polish employers?
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The ruling of the Court of Justice of the European Union (CJEU) concerns the case of a German Lufthansa pilot employed part-time - on 9/10 of the full-time position. Under the contract, the man was entitled to additional overtime pay if he performed a certain number of flight hours in a month and exceeded the thresholds set in the agreement. The problem is that the same hourly thresholds also apply to full-time pilots. The man started a court case against his employer.
The German federal labor court dealing with the dispute asked the Court of Justice of the EU for an opinion to determine whether local regulations actually lead to discrimination. The Court ruled in favor of the pilot in its judgment.
"Identical thresholds mean that part-time pilots who want to earn additional pay have to work longer hours than pilots employed full-time" - we read in the CJEU ruling.
The Polish labor code provides that the issue of additional overtime pay for part-time employment is regulated by an agreement between the employee and the employer. However, if the parties do not determine this at the stage of concluding the contract, additional money is due to the employee only after exceeding eight hours of work in a given day.
– Our regulations in this respect are not fair, they put part-time employees in a worse situation. The mentioned judgment is a signal to improve these regulations – points out in a conversation with Business Insider, Dr. Maciej Chakowski, managing partner at C&C Chakowski & Ciszek law firm.
Highlighting the CJEU case law may also lead to further cases of claims. Employers must therefore expect that employees referring to the discussed judgment and demanding payment for "after hours" work will contact them. The due remuneration can be claimed even three years back.
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