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Poland

Working Hours and Overtime Regulations

Understand the laws governing work hours and overtime in Poland

Standard working hours

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.

Overtime

In Poland, the Labour Code outlines the rules and regulations regarding overtime work.

Maximum Limits

  • Daily: There's no direct limit on daily overtime hours. However, working hours with overtime cannot exceed 13 hours per day.
  • Weekly: The average working time, including overtime, cannot surpass 48 hours in a 4-month reference period.
  • Yearly: Overtime due to the employer's specific needs is capped at 150 hours per calendar year per employee. This limit can be adjusted through a collective bargaining agreement, workplace regulations, or the employment contract (if not covered by the above). However, the average weekly working time of 48 hours still applies.

Compensation

  • Overtime Pay:
    • 50% of base remuneration for overtime on weekdays (including weekends and public holidays) if they fall within the employee's regular work schedule.
    • 100% of base remuneration for overtime during nights, Sundays and public holidays (or non-working days according to the work schedule), and days off granted in exchange for working on Sundays or holidays.
  • Exceeding Weekly Limit: If the average weekly working time is exceeded, the employee is entitled to a 100% increase in base remuneration for those overtime hours.

Additional Points

  • Employees have the right to refuse overtime work unless it's necessary to prevent danger to human life or health, secure the property of the employer, or eliminate the consequences of accidents.
  • In lieu of overtime pay, employers can offer compensatory time off at a 1:1 ratio (employee's request) or 1.5:1 ratio (without employee's request).

Rest periods and breaks

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.

Night shift and weekend regulations

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:

  • They work at least 3 hours during the designated night time window.
  • At least ¼ of their total working hours fall within the designated night time window.

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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