The problem of overtime in the case of several employment contracts with the same employee

Many companies choose to sign two or more employment contracts with one employee, as allowed by the Labour Code. The reasons for this are varied; the aim may be, for example, to make working time more flexible.

Unfortunately, in 2021, there was a CJEU ruling (case reference C-585/19) that, for the purposes of controlling the minimum daily rest, working time from all contracts concluded with a given employee should be aggregated.

In the opinion of lawyers, this judgment may also have a bearing on future cases involving workers’ claims for overtime pay. There is a risk that employees will claim outstanding overtime pay even for several years back.