Polish Labour Code (Art. 131 and 151: Overtime work)
The weekly working time including hours of overtime work must not exceed on average 48 hours in the applicable settlement period. The aforesaid restriction does not apply to employees managing the work establishment on behalf of the employer.
Work performed in excess of the standard working time binding an employee, as well as work performed in excess of an extended daily working time resulting from the system and schedule of working time binding an employee, is overtime work.
Overtime work is allowed in the following cases: 1) where it is necessary to perform a rescue operation in order to protect human life or health, to protect property or the environment, or to repair a breakdown, 2) to meet the special needs of an employer. In case of employees employed in job positions where the maximum admissible concentration and intensity of factors harmful to human health have been exceeded, overtime work due to the special needs of the employer is not admissible.
Making up for the time off work granted to an employee on his written request for settling private matters is not overtime work. Making up for the time off work must not breach the employee’s right to the daily and weekly rest periods.
The number of overtime hours worked in connection with the special needs of the employer cannot exceed 150 hours in a calendar year per employee. It is possible to set out a different number of overtime hours in a calendar year than the one specified above, in a collective labour agreement or in work regulations, or in an employment 7 contract if the employer is not covered by a collective labour agreement or is not obliged to set out work regulations.
For an employee working part time, the parties set out in the employment contract the admissible number of working hours above the working time specified in the employment contract, which, if exceeded, entitles the employee – in addition to the regular remuneration, to the remuneration supplement for overtime work.
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