What are working time and overtime?
Working time is a core concept of employment law. Under Polish law, it determines when an employee is treated as being at the employer’s disposal and, as a result, when the employer must comply with statutory limits, rest periods, recording duties and remuneration rules. The Polish Labour Code defines working time by reference to the employee remaining at the employer’s disposal at the workplace or in another place designated for work. This rule follows from Article 128 § 1 of the Polish Labour Code.
Overtime is work performed beyond the applicable working time standards or beyond the extended daily working time resulting from the working time system used by the employer. In Poland, overtime may generally be ordered in situations connected with rescue operations or the employer’s special needs, as provided in Article 151 § 1 of the Polish Labour Code. It is not a separate type of employment, but a legally regulated deviation from the normal working time schedule.
The standard working time model in Poland is based on 8 hours per day and an average of 40 hours per week in an average five-day working week, calculated within the applicable settlement period. This rule is set out in Article 129 § 1 of the Polish Labour Code. The basic settlement period generally may not exceed 4 months, unless specific statutory conditions justify a different arrangement. The average weekly working time, including overtime, may not exceed 48 hours in the adopted settlement period, according to Article 131 § 1 of the Polish Labour Code.
What does working time regulation cover?
Working time rules cover more than the number of hours spent at work. They also include working time systems, schedules, settlement periods, breaks, daily and weekly rest, night work, work on Sundays and public holidays, on-call duty, business travel to the extent it affects working time and the method of recording working time. In practice, these rules affect payroll, HR documentation, internal regulations, employment contracts and the risk assessment of labour inspections or employee claims.
Employers may use different working time systems, such as basic working time, equivalent working time, task-based working time, intermittent working time or weekend work, provided that statutory requirements are met. The choice of system should correspond to the actual organisation of work. A working time system cannot be used only to avoid overtime payments or rest period obligations.
Overtime must be settled in accordance with the Labour Code. Depending on the circumstances, the employee may be entitled to normal remuneration and an overtime allowance or to time off in lieu. The overtime allowance is generally 50 percent or 100 percent of remuneration, depending on when the overtime work is performed and the applicable statutory conditions. These rates follow from Article 1511 of the Polish Labour Code. An annual overtime limit of 150 hours for overtime due to the employer’s special needs applies unless another limit is set in a collective bargaining agreement, work regulations or employment contract, as provided in Article 151 § 3 and § 4 of the Polish Labour Code.
Working time records are particularly important. They allow the employer to demonstrate compliance with working time standards, rest periods and remuneration obligations. In disputes, incomplete or inaccurate records may weaken the employer’s position, especially where the employee claims unpaid overtime, work on days off or improper settlement of night work.
When should working time and overtime be reviewed?
Legal review is useful whenever an employer changes work organisation, introduces shift work, modifies settlement periods, expands remote work, implements flexible schedules or faces repeated overtime. It is also important during restructuring, business transfers, internal audits, due diligence processes and disputes with employees. For employees, review may be relevant where working hours are not recorded properly, overtime is not compensated, rest periods are not respected or the actual workload differs from the written schedule.
Particular attention should be paid to managers, mobile employees, remote employees and employees working across time zones. Although some categories of employees may be subject to specific rules, this does not mean that working time limits, health and safety requirements or anti-abuse principles can be ignored. The legal assessment depends on the employee’s actual duties, degree of independence, method of supervision and the employer’s ability to control working time.
Daily and weekly rest periods are another key compliance area. As a rule, employees are entitled to at least 11 hours of uninterrupted daily rest and at least 35 hours of uninterrupted weekly rest, subject to statutory exceptions. These figures are based on Articles 132 and 133 of the Polish Labour Code. Failure to provide rest may create regulatory, financial and organisational risks, even if the employee agreed to work longer hours.
A timely consultation with a lawyer may help identify whether overtime is lawful, how it should be documented, whether additional remuneration is due and whether internal policies require adjustment. Early advice can also reduce the risk of payroll errors, employee claims, labour inspection findings, management liability and avoidable financial losses.
Legal support in working time and overtime matters
Support of a law firm in the area of working time and overtime may include in particular:
- reviewing working time systems, schedules and settlement periods;
- assessing overtime rules and overtime compensation mechanisms;
- preparing or updating work regulations, employment contracts and internal policies;
- advising on remote work, shift work, on-call duty and work during business travel;
- auditing working time records and payroll settlement practices;
- supporting employers during labour inspections and internal compliance reviews;
- representing employers or employees in disputes concerning unpaid overtime or breaches of rest periods;
- advising on working time issues in restructurings, business acquisitions and transfers of employees.
Need assistance with working time or overtime matters? Contact us.
See also
- Employment Contract
- Dismissal
- Civil Litigation
- Business restructuring