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Overtime Work under the Labour Code – Scope, Limitations, and Compensation

Definition of overtime work under Polish Labour Law

Overtime work under Article 151 §1 of the Polish Labour Code is work performed beyond the employee’s applicable working time standards – both daily and average weekly – as defined by labour law regulations, in particular those resulting from the working time system and schedule applicable to the given employee. Although the legislator uses relatively general language, the issue has been widely discussed in legal doctrine, and its interpretation depends on the specific working time system applied.

Overtime rules in different working time systems

In the basic system, which assumes a norm of 8 hours per day and an average of 40 hours per week within the adopted settlement period, any work exceeding these limits should be considered overtime. In the equivalent working time system, the situation is more complex – exceeding the daily working time determined by the schedule (if it is at least 8 hours), as well as exceeding the average weekly 40-hour limit, will also be classified as overtime. Similar solutions apply in systems involving work supervising equipment or partial on-call duties, as well as in the system of protecting people and property. In continuous work systems, and in cases where the nature of the work requires its uninterrupted performance due to the need to continuously satisfy public needs, the daily working time may be extended up to 12 hours on certain days, and the weekly limit may be increased to an average of 43 hours.

Task-based working time and overtime eligibility

Special attention should be paid to the task-based working time system. In this system, the decisive factor is the scope of tasks assigned to the employee – if the duties exceed the agreed scope and their performance is required by special needs of the employer or due to the need to carry out rescue operations (including the protection of life or health, property or the environment, or the removal of a breakdown), the work performed in such circumstances may be considered overtime. In systems such as shortened working hours, shortened working week, and weekend work, overtime is determined by similar conditions – exceeding the daily working time norm (at least 8 hours) and exceeding the appropriately defined weekly norm – usually 40 hours (or 14 hours in the case of weekend work).

Exceptions: when extra work is not classified as overtime

However, work exceeding the applicable standards is not always considered overtime. One statutory exception is so-called “making up” for time off granted to the employee to deal with personal matters. According to Article 151 §2¹ of the Labour Code, such make-up time cannot be classified as overtime, but it also cannot violate the employee’s right to uninterrupted daily and weekly rest.

Legal grounds for ordering overtime work

The admissibility of ordering overtime work is limited to two situations. The first is the necessity to carry out rescue operations, including situations involving a threat to human life or health, protection of property or the environment, or removal of a breakdown – for example: flood, fire, technical or ecological disaster. In such cases, the employee may be assigned work regardless of the type of work specified in the employment contract, and this kind of work is not subject to quantitative limits. The second condition justifying overtime is the employer’s special needs, which – as indicated in case law – cannot arise from poor work organisation, staff shortages, or prolonged sick leave. The view of the Supreme Court, allowing the assignment of different types of work in such cases, is controversial, since Article 151 of the Labour Code does not expressly provide for such a possibility – unlike Article 42 §4 or Article 81 §3, which explicitly regulate the temporary assignment of different work.

Statutory limits on overtime hours in Poland

The Labour Code also sets limits on overtime work. The annual limit is 150 hours and applies only to overtime ordered due to the employer’s special needs. This limit may be increased in a collective labour agreement, internal work regulations, or – in the absence of both – in the employment contract. Regardless of the set limit, the total working time – including overtime – may not exceed an average of 48 hours per week in the adopted settlement period (Article 131 of the Labour Code). Overtime work within rescue operations and breakdown removal, although not directly limited, is also subject to this general limit. Additionally, such employees are entitled to a minimum of 24 hours of uninterrupted weekly rest (Article 133 §2 of the Labour Code).

Overtime restrictions for special employee groups

The legislator also provided specific restrictions regarding the admissibility of overtime work for certain categories of employees. This concerns, in particular, pregnant women, employees caring for a child under 4 years of age – without their explicit consent, persons with disabilities (unless they present a relevant medical certificate), juvenile employees, and employees who have submitted a medical certificate indicating contraindications to such work. Additionally, the ban applies to positions where the highest permissible concentrations or levels of harmful factors to health are exceeded, if the overtime results from the employer’s special needs.

Overtime thresholds for part-time employees

With regard to employees working part-time, the parties to the employment relationship are required to define in the contract a threshold of additional hours, the exceeding of which results in the obligation to pay overtime compensation. However, this work – importantly – is not overtime in the strict sense, but rather work beyond the agreed working time. There is no upper statutory limit for such work, meaning it should be determined individually, taking into account the rules on the maximum working time.

Overtime pay rates and calculation rules

Overtime work is compensated by regular pay and an additional payment. This supplement amounts to 100% for work at night, on Sundays and public holidays that are not working days according to the schedule, and on a day off granted in exchange for work on a Sunday or holiday. In other cases, a supplement of 50% applies (Article 151¹ §1 of the Labour Code). The basis for calculating this supplement is the rate resulting from the employee’s personal grade – hourly or monthly – and, if absent, 60% of the remuneration calculated according to the rules for holiday pay. “Regular pay” includes not only the basic salary but also fixed bonuses and components paid systematically, to which the employee is entitled under internal pay regulations.

Time off instead of overtime pay: alternative compensation

In addition, the 100% supplement also applies to hours exceeding the average weekly working time limit in the settlement period – under the rule that from the total number of hours worked, the nominal working time and the number of hours already compensated for daily limit exceedance are deducted.

Overtime for managers and supervisory staff

An alternative form of compensation may be time off from work. If the request comes from the employee, they are entitled to time off equal to the number of overtime hours worked. If the initiative lies with the employer, the time off must be given at a ratio of 1.5:1, meaning for every hour of overtime, the employee receives 1.5 hours of time off (Article 151² §2 of the Labour Code). The time off should be used by the end of the settlement period, otherwise, the employer is obliged to pay the overtime supplement. Special attention should be paid to employees managing the workplace on behalf of the employer and managers of separate organisational units. As a rule, they are not entitled to compensation for overtime work, unless they perform work on Sundays and public holidays and do not receive a day off in return (Article 151⁴ of the Labour Code). However, case law allows for overtime pay if the work exceeds managerial duties and involves the type of work normally performed by regular employees, especially when such situations are systematic rather than occasional (see Supreme Court judgment of 8 March 2013, II PK 169/12).