Flexible forms of working hours

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Flexible forms of working hours

folder Kadry i Płace – JDG, Kadry i Płace – Spółki person Igor Kyrczewski calendar_today 2025-05-24

🔹 Introduction

 In an era of increasing need to reconcile professional life with personal life, flexible forms of organizing work time are becoming the standard. The Labor Code permits, among others, flexible working hours and task-based working hours – both forms allow for adjusting the work schedule to the specifics of the position, the needs of the company, and the employee.
 

🔸 1. Flexible working hours

✅ Definition

According to Article 140¹ of the Labor Code, flexible working hours is a system in which:

  • there are different starting times for work on individual days, or
  • the employee chooses their starting time within a specified range (e.g., between 7:00 AM and 10:00 AM).

📌 Key features:

  • Changes in starting times do not breach daily norms nor are treated as overtime.
  • Different starting times can be used within the same settlement period.
  • The employee can begin work at the same time for several consecutive days or vary.

📝 Conditions for implementation:

  • Introduced in the work regulations or
  • Agreement with the company trade union, or
  • Employee's request – in this case, a change in regulations is not required.

📌 Flexible working hours are suitable for companies:

  • serving clients in different time zones,
  • with a project-based nature,
  • with a large number of office employees.


🔸 2. Task-based working hours 

✅ Definition

According to Article 140 of the Labor Code, task-based working hours is a system in which:

  • the working time is not defined in hours,
  • the employee has to complete specific tasks within a given deadline,
  • the method and distribution of working time depend on the employee's independent organization.

📌 Key features:

  • Working hours are not specified in the schedule – the effect of work is what counts.
  • No obligation to keep a record of hours worked (but a record of workdays is mandatory).
  • Overtime is established only when the scope of tasks does not allow for their completion within an 8-hour workday.

📝 Conditions for application:

  • Can be applied only when:
    • the nature of the work allows it,
    • it is possible to realistically assess the time needed to complete tasks,
  • Tasks should be specified in the employment contract or in the job description.

📌 Task-based working hours are suitable:

  • for specialized positions (e.g., programmers, analysts, consultants),
  • in remote work,
  • in projects with clearly defined stages to achieve.

 

🔸 3. Implementation in the company – employer's duties

✅ Flexible working hours:

  • Regulated in the work regulations or in an agreement with the employee,
  • Keep a record of working time (with starting and ending times).

✅ Task-based working hours:

  • Prepare a list of tasks and the estimated time for their completion,
  • Include provisions in the contract or annex,
  • Keep a record of workdays (without hours).


 

📚 Legal basis

  • Labor Code, Art. 140, Art. 140¹
  • Regulation of the Ministry of Labor and Social Policy of May 28, 1996 on keeping records of working time
  • Case law: including the judgment of the Supreme Court dated August 4, 2009, I PK 36/09 (regarding overtime in the task-based system)


✏️ Summary

Flexible working time systems:

  • improve work-life balance,
  • increase productivity,
  • but require appropriate documents, records, and clear rules.

Before implementing them, it is worth:

  • analyzing the nature of the positions,
  • seeking opinions from employees and management,
  • developing document templates for implementation in the company.
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