Working time is the time during which an employee is ready to provide work and is at the place that the employer has designated. As established in the Labour Code, working time must not exceed:  

• 8 hours per day,  

• 40 hours per week,  

• 5 days per week during the reference period.  

The settlement period is a period of time, such as a month or a quarter, in which the employer adds up the worked hours, including overtime. 

Working time systems  

The standard working time system is 8 hours. The characteristics of the work may require modification of work systems, in such situations other systems can be introduced: 

• equivalent,  

• task-based,  

• intermittent.  

If the employee makes an adequate request, it is possible to establish:  

• weekend work system,  

• a shortened work week system. 

Working time calculation 

The working time dimension can be calculated in the following way:  

1. Multiply 40 hours per month by the given number of weeks that fall within the pay period. 

2. Add the product of multiplication of 8 hours and the number of working days remaining until the end of the pay period to this value. 

3. Subtract 8 hours for each holiday that falls in that pay period (if it does not fall on a Sunday).  

Each working time for a given pay period is reduced by such number of hours, which take into account excused absence from work, that are to be worked based on the schedule. 

Breaks at work 

Mandatory breaks are included in working time, and their length depends on the working time:  

• when the working time is at least 6 hours, the employee is entitled to a 15-minute break, 

• when the working time is more than 9 hours, the employee may take an additional 15-minute break, 

• when the employee performs work for more than 16 hours, he is entitled to another 15-minute break.  

It is worth noting that people with disabilities are entitled to an additional 15-minute break, that could be used for rest or gymnastics, included in working time. 

For breastfeeding women working at least 6 hours a day, there are two 30-minute breaks included in working time. The situation is different for women working more than 4 hours but no more than 6 hours a day – they have one 30-minute break to use. 

For those who work at a computer monitor, there is a 5-minute break for each hour worked at the computer. The break is included in working time. 

Some employers choose to introduce a 60-minute break, which employees can use for a meal or to run their own errands. This break should be specified in the work regulations or in the employment contract. 

Working overtime

Work overtime is allowed when: 

• it is necessary to carry out a number of emergency activities to protect health and property  

• the employer has specific needs.

There are certain restrictions that are specified for working overtime. Pregnant women, minors, disabled persons, or employees caring for a child under the age of 4 are not allowed to perform such work (unless they give their consent).   

The average working time per week, including overtime, cannot exceed 48 hours in a given pay period.  An employee may work 150 overtime hours per year (maximum), unless the employer determines otherwise in the work regulations or employment contract. 

There are two types of overtime: daily and weekly. Daily overtime occurs when an employee exceeds the daily norm, while weekly overtime means the employee exceeds the weekly norm. Overtime is never scheduled; it must occur occasionally.  

It is important to remember that daily overtime should be settled on an ongoing basis, therefore it should be included in the monthly salaries. Weekly overtime is settled at the very end of the pay period. There are no official guidelines for dividing overtime into daily and weekly. Using the guidelines of the National Labor Inspectorate, daily overtime is accounted for by taking into account the working hours, which have been reduced by hours of excused absence from work, and an allowance of 100% for each weekly overtime.   

Our Human Resources and Payroll Services can help your business stay compliant with working time guidelines and settling overtime.  

Text based on: https://www.pip.gov.pl/dla-pracownikow/porady-prawne/czas-pracy