Legal Updates

The Work and Rest Hours Law does not apply on a managerial position requiring a special measure of personal trust

June 5, 2018
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A garage manager demanded payment of overtime.

The National Labor Court held that the Work and Rest Hours Law, and as a result the obligation to pay for overtime, does not apply on an employee in a managerial position requiring a special measure of personal trust. The employee is not entitled to overtime because he was the one who decided everything related to the garage, hired employees and agreed with them on their salary terms in coordination with the owners. On the professional side, the employee was given sole responsibility and discretion in this area and his decision had broad economic implications, even if the employee was not involved in setting the company's policy. Moreover, no one else managed the garage and all the above was expressed in the employee's high salary.