Standards and quantities of working time

The provisions of the Labour Code set working time standards at 8 hours a day and an average of 40 hours per week in an average five-day working week in the adopted reference period. On the basis of these standards, the employer determines the number of hours and days to work over the adopted working time reference period.

The number of these hours is calculated as follows:

• by multiplying 40 hours by the number of weeks per reference period, then

•  by adding to the number of hours obtained the product of 8 hours and the number of days remaining until the end of the reference period, from Monday to Friday.

Each holiday occurring during the reference period on a day other than Sunday reduces working time by 8 hours.

Holidays are:

• 1 January – New Year's Day,

• 6 January – Epiphany,

• Easter Sunday and Easter Monday,

• 1 May – National Holiday,

• 3 May – Constitution Day,

• Pentecost Sunday,

• Corpus Christi,

• 15 August – Assumption of the Blessed Virgin Mary,

• 1 November – All Saints’ Day,

• 11 November – Independence Day,

• 25 and 26 December – Christmas Day and second day of Christmastide

Working time systems

The Labour Code sets out which working time systems may be applied by employers. These include, among others:

• the basic working time system, in which the daily working time is 8 hours,

• a system of equivalent working hours, where the daily length of time may be extended, in principle, up to 12 hours, and for certain types of work – even up to 16 hours or 24 hours,

• an intermittent working time system, in which the working time schedule may provide for a single break from work in a day of no more than 5 hours,

• a task-based working time system, in which the employee primarily decides on their working schedule,

• short working week system, where work is carried out for less than 5 days a week,

• ‘weekend working time’, where work is only performed on Fridays, Saturdays, Sundays and public holidays.

The kind of working time arrangements applied by the employer should be based on the in-house rules of the employer, i.e. the collective bargaining agreement, the work regulations or the notice. Exceptions include: reduced working week system and the ‘weekend working time’ system, which may only be applied to the employee on the basis of a contract of employment.

Working time schedules

As part of the working time systems, the employer may apply different working time schedules to employees, which should also be laid down in the in-house rules applicable to the employer.

Regardless of the working time system used, shift work is allowed and determination of the working time  schedules for shift work may be different. There are virtually no restrictions in this respect, apart from the fact that not every employee may be employed at night.

Pregnant and juvenile employees must not be employed during night time (this prohibition is unconditional). On the other hand, an employee caring for a child until the age of 4 may not be employed during night time without their consent.

However, not all employees are required to work according to working time schedules resulting from in-house rules. At the written request of the employee, the employer may determine the working time individually for the employee, in the context of the working time system in which the employee is employed.

Reference period

The reference period is a period of time used to determine (calculate) the amount of working time as well as to settle the working time (i.e. to determine whether the weekly working time standard has been exceeded).

Reference periods are defined as maximum. This means that the employer may set a shorter reference period within these limits.

Working days and days off work

The number of working hours (number of hours to be worked) determines the number of working days. It is determined by dividing the number of hours to be worked by 8 (the daily working time standard). The rest of the days should be days off work for the employee.

Days off work for the employee are as follows:

• Sundays and public holidays or, in case work on such days is permitted, days granted in exchange for work on Sundays and public holidays,

• days off work resulting from working time schedules based on an average five-day working week – this may be each day of the week, except Sundays and holidays,

• days compensating the employee for extended daily working time of more than 8 hours – these days may occur only in an equivalent working time system.

Sundays and public holidays are, in principle, days off work. Work on these days is only allowed on an exceptional basis, in the cases specified in the Labour Code.

In particular, work on Sundays and public holidays is regulated at commercial establishments. Work in such establishments is not allowed on Sundays (except 7 particular Sundays during a year) and holidays (including when the holiday falls on a Sunday). 

If the work for the employer is performed on Sundays, the employee should have a Sunday off at least once every 4 weeks. This does not apply, however, to an employee employed according to the ‘weekend working time’ system, which is characterised by continuous work on Sundays.

Daily and weekly rest

In principle, every employee is entitled to a continuous rest period of at least 11 hours per day. This does not apply only:

• to employees managing the workplace on behalf of the employer,

• if a rescue campaign is necessary to preserve human life or health, to protect property or the environment or to correct a malfunction.

In addition, the employee is entitled to a minimum of 35 consecutive hours of rest each week, including at least 11 hours of uninterrupted daily rest.

In specific cases, the weekly rest may be reduced to 24 hours. (e.g. cases where a rescue campaign needs to be carried out in order to protect human life or health, to protect property or the environment or correct a malfunction).

The weekly rest should fall on a Sunday. Sunday includes 24 consecutive hours, starting at 6.00 on that day, unless a different time has been set by the employer. However, in the cases of permitted work on Sundays, this rest period may fall on a day other than Sunday.

Night work

The night time is 8 hours between 9:00 p.m. and 7:00 a.m. It is the responsibility of the employer to define the specific framework of the night time in the workplace.

An employee performing night work is entitled to an allowance for each hour of night work in the amount of 20% of the hourly rate resulting from the minimum remuneration for work.

This allowance is separate from the allowance for overtime. It is due to all employees, including managers.

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 their work 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 time must not affect the employee’s right to daily and weekly rest. This means that it is not permissible to instruct the employee to be on call 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.

Overtime

Overtime work is work for more than 8 hours per day or work for more than 40 hours per week.

If, however, an employee is employed in an equivalent working time system, overtime work is work:

• for more than 8 hours a day – if, on a given day, the employee is to work for 8 hours or less, in accordance with the working time schedule applicable to them; or

• work beyond the extended time (more than 8 hours) of the daily working time resulting from the working time schedule of the employee; or

• work for more than 40 hours per week on average in a reference period.

Admissibility of overtime work

Overtime is permitted in the cases where:

• there is a need to conduct a rescue campaign in order to protect human life or health, to protect property or the environment or to correct a malfunction,

• the employer has special needs.

Overtime work by pregnant employees and adolescents is prohibited. By contrast, overtime work by an employee caring for a child until the age of 4 is permissible, subject to them consenting to such work.

Limits of overtime work

Overtime is limited:

• on a daily basis,

• on a weekly basis (in the reference period),

• per calendar year.

The maximum daily hours of overtime result indirectly from the provisions on the daily rest period. In view of the need to guarantee that an employee has 11 hours of daily rest, working hours with the overtime may not exceed 13 hours per day.

Weekly working time, including overtime, may not exceed on average 48 hours in the reference period.

The number of overtime hours worked in connection with the employer’s special needs must not exceed 150 hours per calendar year for an individual employee.

It is permissible to fix a different number of overtime hours in a calendar year. This may occur under a collective bargaining agreement or the workplace regulations. It is also possible to include such a clause in the contract of employment if the employer is not subject to a collective bargaining agreement or is not required to lay down the work regulations.

However, as a result, the average weekly working time limit of 48 hours may not be exceeded.

Compensation for overtime work

An employee is always entitled to regular remuneration for each hour of overtime work. In addition, overtime work may be compensated for either with additional remuneration or free time.

a) 100% additional remuneration (overtime allowance)

The employee is entitled to additional remuneration in the amount of 100% of the remuneration for overtime work per day falling:

• at night,

• on Sundays and public holidays which are not work days for the employee, in accordance with their working time schedule,

• on a day off work granted to the employee in exchange for work on a Sunday or public holiday, in accordance with their working time schedule,

• as well as where the work exceeds the average 40-hour weekly working time standard.

b) 50% additional remuneration

The employee is entitled to additional remuneration in the amount of 50% of the remuneration for overtime work per day falling on days which are work days for the employee, in accordance with their working time schedule (including 'working' Sundays and public holidays). There is an exception for overtime night work (with additional remuneration equal to 100% of the remuneration).

An allowance in the amount of 50% of remuneration is also due for overtime work per day falling on:

- a day off from work resulting from the schedule of working time in an average five-day working week,

- non-working days compensating the increase in the daily working time above 8 hours (in the system of equivalent working time).

For overtime work exceeding the daily and weekly standard at the same time, the employee is entitled to only one overtime allowance.

c) free time at the employee’s request

If free time is granted on the basis of a written request from the employee, it is granted in the amount equal to the number of hours worked. In that case, the free time may also be granted outside the reference period during which the overtime work occurred.

d) free time without the employee’s request

If free time is granted without the employee’s request, it is granted in the amount larger by a half than the number of hours worked. In this case, the free time must be granted at the latest by the end of the reference period.

e) lump sum for overtime work

In the case of employees who are permanently working outside the workplace, it is permissible to replace the regular and the additional remuneration for overtime work with a lump sum. The amount of this lump sum should correspond to the predicted duration of overtime work.

Settlement of working time

Settlement of work on Sundays and public holidays

The employer is obliged to grant an employee working on a Sunday another day off work in exchange within 6 calendar days preceding or following such a Sunday. If it is not possible to use a day off work in exchange for work on a Sunday within that time frame, the employee is entitled to a day off work by the end of the reference period.

On the other hand, the employer is obliged to grant an employee working on a public holiday another day off work in exchange within the reference period. 

A day off compensates the employee for work on that day within the limits of the daily working time standard, i.e. up to 8 hours. Working more than 8 hours on this day is overtime work per day and therefore should be compensated for the employee as overtime work, i.e. with an allowance or time off work. The allowance for overtime work per day on Sunday and public holidays is 100% of the remuneration.

In the event that it is not possible to grant a day off work in exchange for work on a Sunday until the end of the reference period – the employee is entitled to additional remuneration in the amount of 100% for each hour of work on a Sunday. The same is true if using a day off work in exchange for work on a public holiday is not possible until the end of the settlement period. The employee is then entitled to additional remuneration in the amount of 100% for each hour of work on a public holiday.

In the case of work on a public holiday falling on a Sunday, the rules of work on a Sunday apply.

Compensation for on-call time

For on-call time, the employee is entitled, in the first place, to free time equivalent to the length of on-call time. Only in the absence of a possibility to grant free time does remuneration resulting from the personal pay grade, set at an hourly or monthly rate, apply (60% of remuneration is payable if such a remuneration component has not been identified when setting remuneration terms and conditions.)

However, compensation for on-call time is not payable:

• if the on-call duty took place at home,

• to employees managing the workplace on behalf of the employer – regardless of the place of on-call duty.

Holidays and exemptions from work

The labor law provides for the following mechanisms for granting employees time off from work: 

• annual leave, 

• unpaid leave, 

• training leave, 

• exemptions from work.

Annual leave

Annual leave is an annual, uninterrupted and paid break in the performance of work. The leave is to be used in kind. The employee may not renounce their right to annual leave.

Acquisition of the right to annual leave

The right to take the first annual leave is acquired by an employee who becomes employed for the first time after the end of each month of employment, in the amount of 1/12 of the leave to which they are entitled after working for a year. For each month, they are entitled to 1/12 of the 20 days (i.e. 1.66 days) – i.e. the right to leave is acquired in arrears.

The right to subsequent leave is acquired in each subsequent calendar year – i.e. the right to leave is acquired in advance.

If the employment relationship is terminated or established in the course of a calendar year, the amount of leave is calculated in proportion to the length of time worked for the employer concerned. In such a case, 1 month corresponds to 1/12 of the annual leave. An incomplete calendar month of work is rounded up to a full month.

An incomplete day of leave is rounded up to a full day.

The duration of annual leave

The duration of the leave depends on the overall seniority, i.e. all periods of employment. It amounts to:

• 20 days with a period of employment of less than 10 years,

• 26 days with a period of employment of at least 10 years.

When working part-time, the duration of leave is proportionate to the time basis of employment, for example in the case of ½ of full-time, it is 10 or 13 days.

The period of employment on which the duration of leave depends includes the periods of previous employment without regard to the breaks in employment and the manner in which the employment relationship was terminated.

It also includes completed periods of education in accordance with the rules set out in the labour law.

Granting annual leave

Leave should be granted during the year in which the employee acquired the right to it. Leave should be granted in accordance with the leave plan. The leave plan is determined by the employer, taking into account the employees’ requests and the need to ensure normal course of work. In the absence of such a plan leave is granted on the basis of the employee’s agreement with the employer.

The leave may be taken in parts at the request of the employee, with one part covering a period of at least 14 consecutive calendar days.

The employee may use 4 days of leave at their request, which the employer should grant ('leave on demand').

Leave is granted on days which are working days for the employee, in accordance with the working time schedule applicable to them, in working hours corresponding to the employee’s daily working time on that day.

When granting leave, one day of leave corresponds to 8 hours of work (20 days x 8 hours = 160 hours; 26 days x 8 hours = 208 hours).

If the leave is not used during the calendar year, it is granted by 30 September of the following year.

Rescheduling annual leave

The employer is required to reschedule the leave in the case of:

• illness of the employee,

• isolation owing to a contagious disease,

• the employee being summoned for military exercise,

• maternity, parental and paternity leave.

Those circumstances also result in interruption of the leave granted.

The employer may reschedule the leave:

• at the request of the employee, substantiated with important reasons,

• because of special needs of the employer if the employee’s absence would result in disruption of the work.

Callback from annual leave

The employer may call the employee back from the leave only if their presence at the workplace is required by circumstances unforeseen at the time of commencement of the leave. In that case, the employer is required to cover the employee’s costs directly related to the callback from the leave.

Remuneration for annual leave

The leave is paid and the employee is entitled to the same remuneration which they would receive if they worked during that period.

The fixed components of remuneration are taken into account in the amount payable for the month in which the leave is taken.

Variable remuneration components are taken into account at the average amount from 3 months preceding the month of the leave. In the cases of severe fluctuations in the remuneration amount, this period may be extended to 12 months.

Pecuniary equivalent for annual leave

If the leave is not used in kind, a pecuniary equivalent becomes due. It is only payable if the leave is not taken on the grounds of termination or expiration of the employment relationship.

Unpaid leave

It is a leave during which the rights and obligations of the parties to the employment relationship are suspended. The employee does not perform work and the employer pays no remuneration. It is granted on the basis of a written request from the employee.

As a general rule, the period of unpaid leave is not counted as part of the periods of work on which employee rights are dependent. However, there are unpaid leaves that are included in periods of work. For example, unpaid leave granted with the consent of the employee, expressed in writing, to work for another employer for the period set out in the agreement between employers concluded regarding this matter.

Training leave

Entitled to training leave is an employee undergoing a professional training, if the employee is acquiring knowledge at the initiative or with the agreement of the employer.

It is paid leave. Its length is defined by the labour law.

Exemption from work

Exemptions from work are breaks in the performance of work provided for by law. They are commonly known as special leave.

These exemptions are granted due to specific circumstances:

• for dealing with personal and family matters,

• for the purpose of performance of social or civic duties.

Such exemption is to be granted e.g.:

• for the time necessary to appear at the request of a government or local authority, a court, the public prosecutor’s office, the police or an authority conducting misdemeanour proceedings,

• to an employee who is a blood donor for the time specified by the blood donation centre in order to donate blood,

• in the event of the employee’s wedding or birth of their child, or death and funeral of the employee’s spouse or child, father, mother, stepfather or stepmother, in the amount of 2 days,

• in the event of a wedding of the employee’s child or death and funeral of their sister, brother, mother-in-law, father-ion-law, grandmother, grandfather, as well as another dependant or person under their direct care, in the amount of 1 day,

• to an employee bringing up at least one child up to 14 years of age, in the amount of 16 hours or 2 days.

 

NAME OF THE ENTITY RESPONSIBLE FOR THE CONTENT OF THE INFORMATION

Ministry of Economic Development, Labour and Technology

Department of Labour Low

email: sekretariat.dpr@mrips.gov.pl