DAILY LIMIT OF WORKING TIME
Working time may not exceed 8 hours per day and an average of 40 hours per average five-day working week for an established settlement period not exceeding 4 months (Article 129 § 1 of the Labour Code). In each system of working time, if justified by objective or technical or work-organisation related reasons, the settlement period may be extended up to 12 months, subject to compliance with the general principles relating to the protection of employees' safety and health (Article 129 § 2 of the Labour Code).
The system of balanced working time
In view of the specific nature of certain sectors of the economy, the legislator allowed for application of the system of balanced working time. Where this is justified by the nature of the work or its organisation, may be applied a balanced working time system, which permits the extension of daily working time to a maximum of 12 hours, within a settlement period not exceeding 1 month. Extended daily working time is offset by shorter daily working hours for certain days or days off (Article 135 § 1 of the Labour Code). In duly justified cases, the settlement period may be extended to a maximum of 3 months (Article 135 § 2 of the Labour Code).
In the case of seasonal or weather-dependent work, the settlement period may be extended to a maximum of 4 months (Article 135 § 3 of the Labour Code).
In jobs consisting in monitoring equipment or connected with a partial on-call duty, there may be applied a balanced working time system, which permits the extension of daily working time to a maximum of 16 hours, within a settlement period not exceeding 1 months (Article 136 § 1 of the Labour Code). In the system of working time referred to above, a worker is, immediately following any extended daily working time, entitled to rest period for at least the duration of the hours worked, regardless of the rest periods provided for in Article 133 (Article 136 § 2 of the Labour Code).
To workers employed to guard property or protect people, as well as workers of enterprise fire brigades and enterprise rescue teams can be applied a system of balanced working time, the length of daily working time may be increased up to 24 hours in a settlement period not exceeding 1 months (Article 137 of the Labour Code). In this system, the employee immediately following any extended daily working hours, retains the right to rest for a period of time at least the equivalent to the number of hours worked, regardless of the weekly rest period.
For work which due to the production technology may not be interrupted (continuous work) may be used working time system in which it is permissible to extend working time to 43 hours per week on average over a settlement period not exceeding 4 weeks and one day in some weeks in that period the daily working time may be extended to 12 hours. For each hour worked over 8 hours a day on working day within the extended period of working time, the staff member is entitled to a wage supplement referred to in Article 1511 § 1 point 1 (Article 138 (1) of the Labour Code. These principles shall also apply where the work cannot be suspended because of the need to keep meeting people's needs (Article 138 § 2 of the Labour Code).
A shortened working week sysyem
Upon written request of the worker a shortenend working week system may be applied which allows the employee to work for fewer than 5 days per week, while at the same time extending daily working time but not more than 12 hours, within a settlement period not exceeding 1 month (Article 143 of the Labour Code).
System of weekend work
On the basis of the written request of a worker may, a working time system may be applied where work is performed only on Fridays, Saturdays, Sundays and on public holidays and the daily working time may be extended to a maximum of 12 hours, within a settlement period not exceeding 1 month (Article 144 of the Labour Code).
Interrupted working time system
The system of interrupted working time may be applied if it is justified by the nature of the work or its organisation according to a pre-established timetable, providing for not more than one break per day, lasting not more than 5 hours. Break is not included in working time, but for the period of the break, worker is entitled to remuneration amounting to half of the remuneration payable for a work stoppage (Article 139 § 1 of the Labour Code). The system of interrupted working time does not apply to a worker covered by the system of balanced working time, continuous work, a shortened working week and the weekend work (Article 139 § 2 of the Labour Code).
The system of interrupted working time shall be introduced in the collective agreement or an agreement with a company trade union organisation and if there is no trade union organisation, in consultation with workers' representatives appointed in accordance with the procedure followed by the employer (Article 139 § 3 of the Labour Code).
With an employer who is a natural person, conducting activity in agriculture and stockbreeding, without a trade union organisation, interrupted working system may be applied on the basis of an employment contract. A worker is entitled to be paid remuneration for a period of break, if it results from the employment contract (Article 139 § 4 of the Labour Code).
If it is not possible to agree on the content of the agreement referred to in § 3 with all company trade union organisations, the employer agrees on the content of the agreement with representative trade unions within the meaning of Article 24125a of the Labour Code.
Task-based working time
In cases justified by the type of work or its organisation or the place of performing work, the system of task-based working time may be used. An employer, after consultation with employee, fixes the time needed to carry out the tasks assigned to it, taking account of the working hours referred to in Article 129 (Article 140 of the Labour Code).
Break not icluded in working time
The employer may introduce one break not included in working time, not exceeding 60 minutes, dedicated to food intake or handle personal matters (Article 141 § 1 of the Labour Code). This break shall be introduced in the collective agreement or procedural rules, or in the contract of employment, where the employer is not bound by a collective agreement or is not obliged to draw up procedural rules (Article 141 § 2 of the Labour Code).Share Print