Working time in Poland

août 2022Droit du travail

  1. Droit du travail
  2. Working time in Poland

Working time in Poland is fixed in the Labour Code. It cannot exceed an average of 40 hours per week in a reference period of 4 months.

It is possible to extend working time in case of particularly justified needs of the employer. With the employee’s agreement, it is then possible to work up to 13 hours a day.

However, in any case, the weekly working time cannot exceed 48 hours. In a calendar year, the number of overtime hours is limited to 150, unless otherwise was provided in an agreement.

For each hour of overtime, the employee receives his/her usual pay increased by (i) 100% for night work, Sundays, and public holidays or (ii) 50% for other days. If the weekly working time within a reference period is exceeded, the employee is entitled to an increase of 100%.

It is worth noting that above-described system of weekly working hours and overtime pay does not apply to those employees who are managing a company on behalf of the employer.

The employee is entitled to continuous rest of 11 hours per day and 35 hours per week. If he/she works at least 6 hours a day, he/she has a right to a 15-minute break, which counts as working time. The employer may also set a break of up to 60 minutes which is not included in working time.

Night work starts at 9 p.m. and ends at 7 a.m. The Labour Code defines a « night worker » as an employee working for at least 3 hours per day or at least 1/4 of the working time at night. Employees working at night are entitled to a wage supplement equal to 20% of the minimum wage’s hourly rate.

The Polish Labour Code contains a limited list of reasons allowing to work on statutory holidays and on Sundays. sont permis. In compensation for work on these days, the employer shall as a general rule grant a day off work.

The table below shows some examples of working hours in the European Union:

2021
FRANCE
POLAND
GERMANY
UK
Weekly legal working time (full-time employment contract)
35 h
40 h
37 h
48 h (average weekly limit)
Weekly effective working time (full-time employment contract, source: OECD, EUROSTAT)
36,1 h
39,6 h
34,6 h
36,8 h
Annual leave
25
20 - 26
20
28
Statutory holidays
11
13
9
8 - 10