Employee on-call duty is becoming an increasingly common practice among companies. On one hand, it allows for a quick response to emergencies and unexpected situations. On the other hand, it raises important questions about labor law limits, how such duty should be recorded, and the rights of employees.

What is employee on-call duty?

According to Article 151(5) of the Polish Labor Code, employee on-call duty means that an employee remains available to perform work outside their normal working hours. This means that during this time the employee may not necessarily be performing work but must be ready to start it immediately if called upon.

Being on standby can take different forms:

• at the company premises,
• at another location designated by the employer,
• remotely – via phone or communication apps.

The key factor is that the employee must be in both physical and mental condition to immediately perform work duties when requested.

Working time

One of the most frequent questions is whether on-call duty counts as working time.
Merely being available by phone is not considered working time, unless the employee actually performs tasks.

If the employee answers business calls or performs tasks during on-call duty, this actual work must be counted as working hours and properly compensated.

Legal restrictions

On-call duty cannot violate the basic norms of labor law. Employers cannot assign it:

• to employees prohibited from working overtime (e.g. pregnant women, minors),
• in a way that limits the right to minimum daily and weekly rest periods.

This is particularly important, as errors in this area may result in inspections from the National Labor Inspectorate (PIP) and severe penalties.

Can an employee refuse?

Being on standby is considered an official order, which means that, in principle, employees are obliged to comply.

The exception is when on-call duty would violate labor law provisions (e.g. the overtime ban).

If on-call duty is specified in the employment contract or workplace regulations, the employee cannot refuse it. Even without such provisions, a lawful order is binding. Refusal may result in disciplinary action or even termination of employment.

How to properly organize employee on-call duty?

To avoid legal and HR issues, we recommend:

• documenting the rules – clearly define who is on duty, under what circumstances, for how long, and what compensation is provided.
• recording actual work performed – every answered call or intervention should be documented in the HR system.
• rotating employees – ensure fairness by distributing on-call duty evenly.
• relying on specialists – outsourcing HR and payroll helps ensure compliance with the law and avoids employer risks.

Why can we help you in HR and payroll services?

On-call duty is just one of many aspects that require careful tracking and knowledge of labor law. Even small mistakes – such as miscalculating hours – may lead to employee claims or PIP inspections. We offer various HR & Payroll services.

We can support your business by:

• drafting workplace on-call regulations in line with the Labor Code,
• properly calculating working hours and salaries,
• preparing HR documentation and time records.

If you need additional support in accounting and hr&payroll services contact us!

Text based on: INFORLEX