THE WORKING TIME AFTER LAW CHANGES - FROM 23.08.2013
From 23.08.2013 new regulations about working time came into force. What does it mean for employers? – particularly new regulations formalize matters connected with flexible management of working time.
1. Longer settlement period in every working time system
The settlement period can be extended even by 12 months. Within such settlement period, longer work can be balanced by periods of shorter work or days off. If in some month the worker won’t have a duty to perform job according to his work schedule in accepted settlement period, he shall be entitled to receive salary in the amount not lower than minimum wage.
To introduce the settlement period of 12 months, the employer must wait until currently settlement period will finish!
2. Mandatory work schedules
From the day when new regulations came into force, employers have a duty to make work schedules. It can be made in writing or electronically for the time shorter than the settlement period, but included at least 1 month. The employer must give this work schedule at the latest 1 week before the period of schedule will start. The article 129 § 4 of the Labour Code specifies some situations when the employer doesn’t have to make work schedules. It takes place when for example the work schedule results from an employment contract, work regulations, collective agreements, announcement or when a worker is obliged to work in flexitime system, by his motion.
3. The work flexitime – the lack of permanent hour of work beginning
According to new regulations, the employer can introduce the work flexitime in a company (the article 1401 of LC). There is no separate working time system, but specific form of every working time system, in which a worker is employed. The employer can act in 2 ways:
In both cases there can be some situations, in which a worker would start job in the next day earlier than the previous day, but repeated performing job in the same day and night is not the overtime work in these cases. However you must remember that performing job, according to the aforesaid work schedules, can’t prejudice to worker’s right to rest.
When does the overtime work appear using the work flexitime system?
4. The working off a leaving work for private purposes is not the overtime work!
The article 151 § 21 of Labour Code makes easier for the employer to give consent for the employee to work off a leaving work which was granted on his written motion for private purposes. According to new regulation, the working off such leaving work is not the overtime work.
5. The interrupted working time system is available for greater group of employers
This working time system can be introduced even though there is no collective agreement in a company. For example you can introduce it by virtue of the agreement with the trade union organisation within the company or by agreement with the employees' representatives.
Katarzyna Błaszczyk
1. Longer settlement period in every working time system
The settlement period can be extended even by 12 months. Within such settlement period, longer work can be balanced by periods of shorter work or days off. If in some month the worker won’t have a duty to perform job according to his work schedule in accepted settlement period, he shall be entitled to receive salary in the amount not lower than minimum wage.
To introduce the settlement period of 12 months, the employer must wait until currently settlement period will finish!
2. Mandatory work schedules
From the day when new regulations came into force, employers have a duty to make work schedules. It can be made in writing or electronically for the time shorter than the settlement period, but included at least 1 month. The employer must give this work schedule at the latest 1 week before the period of schedule will start. The article 129 § 4 of the Labour Code specifies some situations when the employer doesn’t have to make work schedules. It takes place when for example the work schedule results from an employment contract, work regulations, collective agreements, announcement or when a worker is obliged to work in flexitime system, by his motion.
3. The work flexitime – the lack of permanent hour of work beginning
According to new regulations, the employer can introduce the work flexitime in a company (the article 1401 of LC). There is no separate working time system, but specific form of every working time system, in which a worker is employed. The employer can act in 2 ways:
- to settle work schedules predicted varius hours of work beginning in the worker’s work-days, or
- to determine the time interval, in which a worker should start job.
In both cases there can be some situations, in which a worker would start job in the next day earlier than the previous day, but repeated performing job in the same day and night is not the overtime work in these cases. However you must remember that performing job, according to the aforesaid work schedules, can’t prejudice to worker’s right to rest.
When does the overtime work appear using the work flexitime system?
- when the employer will commission to work in higher daily working time than this one which results from work schedule, or
- when the employer will oblige workers, performing job within work flexitime, to start job 1 hour earlier than it would result from their work schedule.
4. The working off a leaving work for private purposes is not the overtime work!
The article 151 § 21 of Labour Code makes easier for the employer to give consent for the employee to work off a leaving work which was granted on his written motion for private purposes. According to new regulation, the working off such leaving work is not the overtime work.
5. The interrupted working time system is available for greater group of employers
This working time system can be introduced even though there is no collective agreement in a company. For example you can introduce it by virtue of the agreement with the trade union organisation within the company or by agreement with the employees' representatives.
Katarzyna Błaszczyk
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