According to the Labor Code, employees are entitled to uninterrupted rest between work periods. Therefore, they are not obligated to respond to phone calls or emails after working hours.
However, as with every rule, there are certain exceptions, regulated by Article 151 of the Labor Code. The regulations specify the circumstances that justify responding to telephone or email calls. These include situations such as the need to conduct a rescue operation to protect human life or health, protect property or the environment, repair a breakdown, or meet the employer's specific needs. While the need to contact the employer for rescue operations raises no doubts, the interpretation of the rather enigmatic phrase – the employer's specific needs – may.
What is meant by the special needs of the employer?
The case law indicates that the special needs of the employer should be understood as special, unusual, extraordinary needs that differ from the ordinary needs related to the conducted activity (see the judgment of the Supreme Court of 26 May 2000, I PKN 667/99, Lex No. 49309).
It is also noted that refusing to perform overtime work may be justified when the order to do so is unlawful, such as in the case of pregnant women, young workers, and individuals employed in positions where the highest permissible concentrations or intensities of harmful factors are exceeded (Article 178 of the Labor Code, Article 203 of the Labor Code, 151 § 2 of the Labor Code). An employer may assign overtime work to an employee caring for a child under 4 years of age, after obtaining their consent. Disabled employees are also prohibited from working overtime unless approved by a competent physician. Refusal to perform overtime work may also be justified when the order to do so is contrary to the principles of social coexistence or the employment contract. In particular, the employee may demonstrate a lack of special needs of the employer or his/her own important interest, the protection of which may take precedence over the employer’s interest (see, among others, K. Jaśkowski, Commentary to Article 151 of the Labor Code, Lex, 2013).
In view of the above, it should be considered that the employer's contact with the employee outside working hours should be considered an exceptional circumstance.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of August 8, 2025.
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