On-call duty
In addition to determining the employee’s working hours, the employer may put them on on-call duty. On-call duty means the employee remains in readiness to perform work, under a contract of employment, outside normal working hours at the workplace or at another place designated by the employer.
On-call time is counted as working time only if the employee actually worked while on duty. On the other hand, if the employee did not work while on duty, the on-call time is not counted as working time.
On-call duty must not affect the employee’s right to daily and weekly rest. This means that it is not permissible to instruct the employee to perform a duty for 24 hours or a whole week. The total on-call time and working time must not exceed 13 hours per day, and the employee must also have a minimum of 35 hours of continuous weekly rest. This also applies to on-call time at home. However, these restrictions do not apply to employees managing the workplace on behalf of the employer.
Legal basis
Act of 26 June 1974 – Labour Code (Journal of Laws [Dziennik Ustaw] of 2023, item 1465)