Polish Labour Code (Nighttime Work)

Polish Labour Code (Art. 1517: Nighttime work)

Nighttime is any 8 hours between 9 pm and 7 am. An employee whose schedule of working time includes at least 3 night time hours of work in each 24-hour period or where at least one quarter of his working time in a settlement period falls at night, is considered to be a night employee. The working time of a night employee cannot exceed 8 hours in a 24-hour period if he holds a job that is particularly dangerous or involves a considerable physical or intellectual effort. Exceptions to this rule comprise: 1) employees managing the work establishment on behalf of the employer, 2) instances where it is necessary to perform a rescue operation to protect human life or health, to protect property or the environment, or to repair a breakdown. The list of particularly dangerous jobs or jobs involving a considerable physical or intellectual effort is set out by an employer in agreement with an enterprise trade union and if there is no enterprise trade union active at the employer – with the representatives of employees chosen according to the standard method adopted at a given employer, and after consultation with the doctor responsible for the preventative healthcare of employees, taking into account the necessity of ensuring work safety and the protection of the employees‘ health.