Understand the laws governing work hours and overtime in Poland
In Poland, the Polish Labour Code governs the regulations for standard working hours.
The daily maximum standard working hours cannot exceed 8 hours. On a weekly basis, the average working hours cannot exceed 40 hours within a five-day working week. This is calculated over a reference period, typically not exceeding four months.
There are certain exceptions and extensions to these standard working hours. Under specific circumstances and with employee consent, daily working hours can be extended to 13 hours. However, the weekly average cannot surpass 48 hours within the reference period. The Labour Code also allows for extending working time beyond the standard limits to meet the employer's justified needs. This typically requires employee consent and adherence to specific regulations.
In Poland, the Labour Code outlines the rules and regulations regarding overtime work.
Maximum Limits
Compensation
Additional Points
In Poland, labor law guarantees minimum rest periods and breaks for employees, ensuring worker well-being and limiting the amount of work an employer can demand.
Daily Rest
Every employee has the right to a daily rest period of at least 11 consecutive hours. This ensures sufficient time for recovery outside of working hours.
There are limited exceptions to the 11-hour daily rest requirement. These include employees managing the workplace on behalf of the employer and situations requiring rescue efforts to preserve human life, health, property, or the environment, or to correct malfunctions.
Weekly Rest
In addition to daily rest, employees are entitled to at least 35 hours of uninterrupted rest each week. This extended rest period allows for proper rejuvenation.
The 35-hour weekly rest period must typically include a Sunday. However, if work on Sundays is permitted, the employee can receive a substitute day off.
In exceptional circumstances, the weekly rest period can be reduced to a minimum of 24 hours. However, this can only occur in situations similar to the daily rest exceptions, such as emergencies.
Breaks
Employees who work for at least six hours a day are entitled to a paid 15-minute break. This break is counted as part of working time.
Employers can offer an additional unpaid break of up to 60 minutes for lunch or personal matters. This extended break is not included in working time and requires agreement between the employer and employee.
These entitlements to rest periods and breaks ensure that Polish workers have adequate time for rest and recovery, promoting their health and well-being.
In Poland, the Labour Code has specific regulations to protect employees working night shifts. Night time is generally defined as the 8-hour period between 9:00 PM and 7:00 AM. The employer has the authority to set a specific timeframe within this window as "night time" for their workplace, as long as it doesn't exceed 8 hours.
An employee qualifies as a night worker if either of the following conditions is met:
Employees performing night work are entitled to additional remuneration for each hour worked during the night. This supplement amounts to 20% of the hourly rate based on the national minimum wage. This night work supplement is separate from any overtime pay an employee might be entitled to. Employer's internal regulations may offer higher night work premiums.
The Polish Labour Code also outlines specific regulations for working on weekends. Employees are generally entitled to a minimum of 35 hours of uninterrupted rest every week. This 35-hour rest period must include a Sunday or another day off if Sunday work is permitted.
In exceptional circumstances and with the employee's written consent, a "weekend working time system" can be established. This system allows for work to be performed solely on Fridays, Saturdays, Sundays, and public holidays. The daily working hours under this system can be extended up to 12 hours, but within a maximum calculation period of one month. Unless otherwise specified in the employer's regulations, work on Sundays and public holidays falls within the timeframe of 6:00 AM on that day to 6:00 AM the following day.
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