When the employer does not keep working hours records, the time presented by the employee is not binding

Despite numerous Supreme Court rulings on overtime work, it still poses many issues for employers. The correct determination of overtime work and its recording prove to be the most problematic. Regulations of overtime work state that it is permissible only with the employer’s knowledge and consent. An employee who is aware of the need for overtime work should obtain prior consent from the employer or – in exceptional cases – subsequent consent. The requirement to obtain the consent for working overtime means that the employee cannot independently and in a manner binding for the employer decide on the necessity of working overtime and demand additional benefits for it. Especially when during employment they did not inform the employer at all about the need to work overtime and their claims are based on working time statement based on first and last email sent on a given day (without proving work was really performed between these hours). – Sandra Szybak-Bizacka and Michalina Lewandowska-Alama comment for ius.focus.

The article avialible at legalis.pl.