🔹 Introduction
According to the Labor Code, the employer is obliged to keep a record of working time for each employee employed under a labor contract. This includes, among other things, vacation leaves, overtime, on-call duties, business trips, and other elements essential for the proper calculation of wages and benefits.
🔸 1. Legal basis
- Labor Code – art. 149
- Regulation of the Minister of Family and Social Policy of December 10, 2018 on employee documentation (Journal of Laws 2018, item 2369)
- Drivers' Working Time Act (for mobile employees)
- GDPR – rules for storing personal data
🔸 2. Record of working time – general principles
📌 The employer keeps records separately for each employee, in the form of:
- paper (e.g., files, prints),
- electronic (e.g., HR system, Excel, eHR),
- maintaining chronology and data integrity.
The record should include:
- the number of hours worked,
- overtime hours,
- on-call duties,
- vacation leaves, parental leaves, special leaves,
- sick leaves,
- business trips,
- justified and unjustified absences.
🔸 3. How to keep a record of vacation leaves?
✅ Employer's obligations:
- The record should indicate the number of vacation days and hours due and taken,
- The register includes all types of leave: vacation, on-demand, maternity, parental, paternal, childcare (art. 188 of the Labor Code), special, unpaid.
📋 Best practices:
- Collecting leave requests (in paper or electronic form),
- Automatically updating the vacation balance after the request is approved,
- Providing the employee with information about their balance (e.g., via the e-HR system).
📌 Mandatory storage of records for 10 years after the termination of employment.
🔸 4. How to record overtime?
✅ What to record:
- The number of hours exceeding the norms (daily and weekly),
- The days of the week and specific times of starting and ending work,
- Indication of whether the overtime arose from a work order, on-call duty, emergency, etc.
📌 Requirements:
- The employer cannot pay an overtime allowance without a record,
- Lack of a record = violation of regulations (art. 281 of the Labor Code, fine of up to 30,000 PLN).
📌 Employees managing on behalf of the employer (e.g., directors) do not have the right to an overtime allowance, but their working time should also be recorded.
🔸 5. How to keep a record of business trips?
Business trips should be recorded, as they affect:
- working time (if the trip takes place during working hours),
- the right to a diet and reimbursement of expenses,
- occupational health and safety and rest periods.
✅ The record should include:
- the date and time of the start and end of the trip,
- the destination and purpose of the trip,
- indication of whether it was working time,
- a breakdown of incurred costs (accommodation, transport, diets),
- the employee's signature and approval by the supervisor.
📌 Travel time outside working hours does not count towards working time, but may be the basis for compensation (e.g., a lump sum).
🔸 6. Supporting tools and systems
📌 It is worth implementing systems that facilitate recording and reporting, e.g.,:
- Teta HR, Symfonia, Enova365, Sage HR,
- Excel with formulas and macros,
- custom e-HR systems in the company.
📚 Legal basis
- Labor Code, art. 94 point 9a, art. 149–151
- Regulation MPiPS of December 10, 2018 on employee documentation
- Drivers' Working Time Act (for mobile employees)
- GDPR – data protection in HR systems