Hours of Work in Poland

Maximum Working Hours & Overtime Laws in Poland

Standard hours

Working hours are usually from 8:00 AM to 4:00 PM or 9:00 AM to 5:00 PM, often with up to one hour of an unpaid break for lunch.

On average, employees are expected to work 40 hours per week (8 hours a day - 5 days a week).

Overtime

Working time cannot exceed 8 hours in 24 hours. The average 5-day work week should equal 40 hours in a reference period of four months or less.

Opt-out option

Opting out of the maximum 8 hours per day is possible at the employee's written request or by introducing a relevant working time system. If an employee requests the working time extension, it should be negotiated on a per-employee basis and reflected in the employment contract. Extending the maximum working hours, even if permissible, must not violate other labour law provisions such as the right to daily and weekly rest, which we describe below.

Overtime compensation

Overtime cannot exceed 150 hours in a calendar year. However, a collective bargaining agreement, employer work regulations or the employment contract may stipulate differently, but no more than 48 hours a week on average as is the current EU legislation.

An employee is entitled to the following additional supplements:

• 100% pay for work during the night, Sundays and bank holidays, as long as they are not a regular worktime for the employee or days off in lieu of Sundays or bank holidays worked
• 50% of their salary for working overtime on any day other than those mentioned above
• 100% of their salary for every overtime hour worked above the average weekly norm in the reference period, unless any of the above two apply

The employer may also grant the employee time off in exchange for overtime work instead of pay. If done without the employee's request, each overtime hour equals 1,5 hours paid time off. If, however, the employee requested it, each hour of overtime equals one hour of paid time off.

Break rights

Employees working more than 6 hours get a 15-minute paid break that counts as part of their work time. An employer can introduce a further break that is not counted towards the working time, which can be used for lunch or to handle personal matters. It cannot be longer than 60 minutes.

Employees are granted a minimum of 11 hours undisturbed rest every 24 hours (minimum uninterrupted daily rest) and at least 35 rest hours each week (minimum uninterrupted weekly rest).

Sunday work

Sundays and public holidays are workfree days. There are a few exceptions that permit work on Sundays or public holidays:

• Shift work
• Work that impacts society and the daily needs of individuals
• For electronic communication or telecommunication services outside Poland, if the receiver of the service works on those days

Employees working on Sundays or public holidays are entitled to another day off in lieu or additional remuneration. The employee is also entitled to days off as per the average of five days working week rule. In this case, their normal day off will be Saturday.

Night workers

Work done between 21:00 - 07:00 is considered night work. A night worker is someone who works at least three hours in that timeframe in any 24 hours.

Any employee working nights is entitled to 20% of the minimum hourly wage supplement to their salary for every hour worked.

Employee Time Tracking Obligations in Poland

Employers are required to keep working time records for all employees individually. It may be conducted on paper or electronically. Employers must keep track of days of work, excused absences from work (e.g. illness), days off (e.g. vacation) and daily working hours.

Employers are not required to record the daily working hours in the following cases:

• Employees covered by a task-based working time system
• Employees who manage the workplace on the employer's behalf
• Employees paid on a lump-sum basis for overtime or night work

Penalties

Incorrect or incomplete working time record-keeping can be penalised by a fine ranging between 1,000zł and 30,000zł.