{"id":4106,"date":"2019-03-16T11:03:14","date_gmt":"2019-03-16T11:03:14","guid":{"rendered":"https:\/\/millercanfield.pl\/?p=4106"},"modified":"2025-04-14T18:03:48","modified_gmt":"2025-04-14T18:03:48","slug":"overtime-pay","status":"publish","type":"post","link":"https:\/\/millercanfield.pl\/en\/overtime-pay\/","title":{"rendered":"OVERTIME PAY"},"content":{"rendered":"\t\t
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Overtime work is regulated in Articles 151 to 1516 of the Labour Code. A precise definition of overtime is provided in Article 151(1): overtime work means work performed beyond the working time standards applicable to an employee as well as work performed beyond the extended daily working time schedule resulting from the working time system and schedule applicable to an employee.<\/p>

Overtime work is permitted in two cases:<\/p>

1) where it is necessary to conduct a rescue operation in order to protect human life or health, property or environment, or to repair a failure;<\/p>

2) where the employer\u2019s special needs so require.<\/p>

Overtime work should be adequately compensated and an employee is entitled to an allowance for such work. An allowance for overtime work is regulated by Article 1511 (1) pursuant to which for overtime work an employee is entitled, in addition to regular remuneration, to an allowance in the amount of:<\/p>

A) 100% of remuneration \u2013 for work performed:
– at night-time;
– on Sundays and public holidays other than the employee\u2019s working days under his or her applicable working time schedule;
– on a non-working day granted to an employee in lieu of work performed on a Sunday or public holiday under his or her applicable working time schedule;<\/p>

B) 50% of remuneration \u2013 for overtime work performed on any day other than those referred to above.<\/p>

The regular remuneration has been defined by the Supreme Court and it should be construed as remuneration which an employee receives on a regular and systematic basis and which, as such, includes both, basic pay resulting from the rate of the employee grade and additional components of remuneration of a permanent nature.<\/p>

Another form of compensation for overtime work is time off. Both the employer and the employee may decide that the employee is to be granted time off for overtime work. However, overtime will be settled differently depending on whether it is the employer or the employee that first takes the initiative regarding time off for overtime work. If the employee himself or herself applies to be granted time off for overtime hours worked, then the length of such time off will correspond to the number of overtime hours. The principle according to which overtime hours should be settled at the end of the settlement period does not apply here.<\/p>

They may be carried over to the next settlement period specified by the employee in his or her application. However, if it is the employer that takes the initiative to grant time off to the employee, then the length of such time off should be increased by half the overtime. In such a case, the employer is required to grant the employee
time off before the end of the settlement period which is applicable in the given workplace. If, for various reasons, this time off is not granted before the end of the settlement period, then the employer is required to pay the employee the remuneration together with allowances due to him or her.<\/p>

The rights to overtime remuneration and allowance are not available to employees who manage the workplace on behalf of the employer and managers of separate organisational units. On the other hand, managers of separate organisational units are entitled to remuneration and allowance for overtime work performed on Sundays and public holidays in accordance with Article 1514 of the Labour Code if they have not been granted another day off for work performed on such day. According to the case law of the Supreme Court, it should be agreed that the above restriction does not apply to the lowest level managers, e.g. foremen, whose impact on the organisation of working time is insignificant and who essentially perform the same work as their subordinates. Accordingly, the restriction does not apply to those managers of separate organisational units of the workplace, whose duties are not limited to organising control and supervising the activities of employees of a
subordinate unit, but which rather consist in performing work on an equal footing with them. It is also worth paying attention to the manner in which the employer gives instructions. The employer\u2019s instruction regarding overtime work does not need to have any special form. It can be given orally, in writing, via email or implicitly. It
should also be remembered that the mere fact of being available to perform work does not suffice to be qualified as overtime work.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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\n\n\t\t\t\n\t\t\t\t\t\t\u00a9 Miller, Canfield, W. Babicki, A. Che\u0142chowski i Wsp\u00f3lnicy Sp. k.<\/span>\n\t\t\t\n\t\t\t\t\t\t