So, about working time

This may not be the exact meaning of the saying from the communist era, but in this modified form, it also refers to the performance of work. After familiarizing ourselves with the basic responsibilities of employers and employees, we present information characterizing the characteristics of the performance of work itself. Today, we will examine (perhaps) the most important aspect – the time we devote to work, and the most enjoyable aspect – the rest we deserve for it.

Working time

Before proceeding with specific calculations, it should be noted that working time is the time during which an employee is at the employer's disposal (both at the workplace and in another place designated for work – e.g., when working remotely). As for "being at the disposal" itself, it includes both the performance of work and the period of not performing work (assuming the employee remains available for work).

Based on the provisions of the Labour Code, working time includes a number of periods, mainly relating to breaks at work, but also related to periods of occupational health and safety training, carrying out periodic and control examinations (of course, only those that are mandatory and work-related).

In addition to the above, it should be noted that in accordance with the Labor Code:

a. a day is understood as 24 consecutive hours, starting from the hour when the employee starts work

• for example – if my work starts at 8 a.m. (Monday to Friday), then my day, within the meaning of the Labor Code, will start at 8 a.m. each day.

b. a week is understood as 7 calendar days, counted from the beginning of the settlement period

• For example, if the employer uses a monthly settlement period, the week will start on the 1st of the month – e.g. January 1st.

Working hours

After reviewing the above definitions, let's move on to the most important issue: how much work is actually required? As a general rule, working hours should not exceed 8 hours per day, in a 5-day workweek, and 40 hours per week in an assumed settlement period of no more than 4 months.

It is worth adding that each day that is a public holiday will reduce our working time (unless, of course, it falls in a given settlement period).

Rest

According to the Labor Code, an employee is entitled to daily and weekly rest.

The first of these – the daily allowance – is 11 continuous hours due to the employee in each 24-hour period. This means that the employee cannot work more than 5 hours of overtime in a single 24-hour period. This may, of course, change if a different work system or schedule is applied to the employee.

The second period, a weekly rest period, is due for a continuous 35 hours each working week (including at least 11 hours of daily rest). It should be emphasized that daily rest is assumed to fall on Sunday (which is understood to be the consecutive 24 hours from 6 a.m. on that day, unless the employer has agreed otherwise). However, it is possible to reduce the rest period to 24 hours for employees managing the workplace on behalf of the employer, in cases where it is necessary to conduct a rescue operation to protect human life or health, protect property or the environment, or repair a breakdown, and in cases where the employee's work time changes due to a change to a different shift, in accordance with the established work schedule.

So let's consider this case.

The employee works regular hours from 8 a.m. to 4 p.m. On Thursday, he finished work at 4 p.m. as usual and went home. However, due to a work emergency, his employer called him back to work. He worked from 8 p.m. to 2 a.m.

What time should he report to work the next day? How should he be paid? Is he entitled to overtime? How is it paid? Did he work nights? How should he be paid?

Of course, after reading this article, you will correctly answer that the employee is entitled to 11 hours of uninterrupted rest, so the next day he or she can show up at work at 1 p.m.

What about other questions? The answers to these and other questions will be found in our upcoming articles on overtime, night and holiday work, and compensation. We invite you to read on!

This article is for informational purposes only and does not constitute legal advice.

Legal status as of October 27, 2023

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