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Standard Working hours in Poland
The Working hours in Poland are typically from 8:00 AM
to 4:00 PM or 9:00 AM to 5:00 PM, with up to one hour of unpaid lunch break.
Employees are expected to work 40 hours per week on average (8 hours a day - 5
days a week).
The Maximum Working Hours and Overtime Laws in Poland
The Standard Working time in a 24-hour period cannot exceed
8 hours. In a reference period of four months or less, the average five-day
work week should equal 40 hours.
Opt-out Option for Workers in Poland
Opting out of the maximum 8 hours per day is possible with a
written request from the employee or by implementing a relevant working time
system. If an employee requests an extension of working hours, it should be
negotiated on an individual basis and reflected in the employment contract.
Extending the maximum working hours, even if legal, must not conflict with
other labour law provisions, such as the right to daily and weekly rest, which
we discuss below.
Overtime Compensation for Workers in Poland
In a calendar year, overtime cannot exceed 150 hours.
However, a collective bargaining agreement, employer work regulations, or the
employment contract may specify otherwise, but no more than 48 hours per week
on average, as is currently required by EU law.
An employee is eligible for the following additional
benefits:
- 100% pay for work performed at night, on Sundays, and on
bank holidays, as long as they are not the employee's regular working hours or
days off in lieu of working on Sundays or bank holidays.
- 50% of their salary for working overtime on any other day
than the ones listed above.
- 100% of their salary for each overtime hour worked in
excess of the average weekly norm during the reference period, unless one of
the preceding two conditions is met.
In addition, the employer may grant the employee time off in
exchange for overtime work rather than pay. Each overtime hour equals 1.5 hours
paid time off if done without the employee's request. If the employee requests
it, however, each hour of overtime equals one hour of paid time off.
Break rights in Poland
Employees who work more than 6 hours receive a 15-minute
paid break that counts as work time. An employer can implement an additional
break that is not counted towards working time and can be used for lunch or
personal matters. It cannot last more than 60 minutes.
Employees are entitled to at least 11 hours of uninterrupted
rest every 24 hours (minimum uninterrupted daily rest) and at least 35 rest
hours per week (minimum uninterrupted weekly rest).
Working on Sunday in Poland
Sundays and public holidays are days off from work. There
are a few exceptions that allow for work on Sundays or holidays:
- Working a Shift or Shift Work
- Work that has an impact on society and individuals' daily
needs
- For electronic communication or telecommunication services
outside of Poland, if the recipient of the service works on those days
Employees who work on Sundays or public holidays are
entitled to another day off or additional pay. The employee is also entitled to
days off in accordance with the five-day work week rule. Saturday will be their
regular day off in this case.
Night workers in Poland
Night work is defined as work done between 21:00 and 07:00.
A night worker is someone who works at least three hours during that time
period in any given 24-hour period.
Any employee who works nights is entitled to a 20%
supplement to their salary for every hour worked.
Employee Time Tracking Obligations in Poland
Employers are required to keep individual working time records for all employees. It can take place on paper or electronically. Employers must record days worked, excused absences (e.g., illness), days off (e.g., vacation), and daily working hours.
Employers are not required to keep track of daily working hours in the following situations: Employees covered by a task-based working time system, Employees who manage the workplace on behalf of the employer and Employees who are paid in lump sums for overtime or night work
Penalties
Incorrect or incomplete working time record-keeping can result in a fine ranging from 1,000‚ and 30,000‚.
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