Navigating working time regulations is crucial for employers operating in Poland. Polish labor law sets clear standards for daily and weekly working hours, overtime, rest periods, and specific conditions for night and weekend work. Adhering to these rules is essential for compliance and ensuring fair treatment of employees.
Understanding the nuances of these regulations, including maximum limits, compensation rates, and recording requirements, helps businesses manage their workforce effectively and avoid potential legal issues. These rules are designed to protect employee well-being while providing a framework for productive work environments.
Standard Working Hours and Workweek Structure
The standard working time in Poland is generally limited to 8 hours per day and an average of 40 hours per week, calculated over a reference period that typically does not exceed 4 months. This average must be maintained across the entire reference period. The basic workweek structure is five days.
However, the actual daily and weekly hours can vary depending on the adopted working time system (e.g., basic, equivalent, continuous, task-based). Regardless of the system, the average weekly working time, including overtime, cannot exceed 48 hours in the adopted reference period.
Overtime Regulations and Compensation Requirements
Overtime occurs when an employee works beyond the standard daily or weekly hours defined by their working time system. Overtime work should generally be limited and is permissible only in specific circumstances, such as the need to conduct a rescue operation to protect human life or health, protect property or the environment, or in cases of special needs of the employer.
Annual overtime hours for an employee are generally capped at 150 hours per calendar year, although this limit can be increased in a collective bargaining agreement or work regulations, but the total average weekly working time (including overtime) must not exceed 48 hours in the reference period.
Compensation for overtime can be provided either as time off in lieu or as a monetary bonus in addition to the normal salary.
| Overtime Period | Compensation Rate (Bonus) |
|---|---|
| Overtime on Sundays, public holidays, or at night | 100% of salary |
| Overtime on other days | 50% of salary |
If time off in lieu is provided, it must be granted at a rate of 1:1 (hour for hour) if requested by the employee, or 1:1.5 (1.5 hours off for each hour of overtime) if granted by the employer without the employee's request. Time off must be provided by the end of the reference period.
Rest Periods and Break Entitlements
Polish labor law mandates specific rest periods to ensure employee recovery.
- Daily Rest: Employees are entitled to a minimum of 11 consecutive hours of rest within each 24-hour period.
- Weekly Rest: Employees are entitled to a minimum of 35 consecutive hours of rest per week, which should ideally include Sunday.
In addition to rest periods, employees are entitled to breaks during the workday:
- Employees working at least 6 hours are entitled to a break of at least 15 minutes, included in working time.
- Additional breaks may be required depending on the type of work (e.g., computer work, working in specific conditions).
- Employers can introduce an additional break of up to 60 minutes, not included in working time, for eating or personal matters, specified in a collective bargaining agreement or work regulations.
Night Shift and Weekend Work Regulations
Night work is defined as work performed within a period of 8 hours between 9:00 PM and 7:00 AM. The specific 8-hour night period must be defined in the employer's internal regulations. Employees performing night work are entitled to an additional bonus for each hour of night work, equivalent to 20% of the minimum hourly wage.
Work on Sundays and public holidays is generally prohibited, with exceptions for specific types of work (e.g., continuous operation, shift work, necessary repairs, transport, public services, retail). When work is performed on a Sunday or public holiday, the employer must provide a substitute day off. For Sunday work, the substitute day off should be provided within 6 calendar days before or after the Sunday. For work on a public holiday, the substitute day off should be provided within the current settlement period. If it's not possible to provide a substitute day off, the employee is entitled to a 100% bonus for each hour worked on that day.
Working Time Recording Obligations
Employers in Poland are legally required to maintain detailed records of employees' working time. This includes recording hours worked daily, including start and end times, as well as documenting overtime hours, night work, work on Sundays and holidays, and business trips.
These records are crucial for correctly calculating remuneration and other benefits related to working time. They also serve as essential documentation during inspections by the National Labor Inspectorate (Państwowa Inspekcja Pracy - PIP). The specific method of recording (e.g., paper timesheets, electronic systems) is up to the employer, but the records must be accurate, complete, and accessible to the employee upon request. Proper working time recording is a fundamental aspect of compliance with Polish labor law.
