🔹 Introduction

 Any work performed beyond the applicable working time norms constitutes overtime work and must be appropriately compensated. The regulations specify when we are dealing with overtime, what the limits are, and what supplement rates must be paid to the employee.
 

🔸 1. When does overtime occur?

According to Article 151 § 1 of the Labour Code, overtime occurs when:

• the employee exceeds the daily working time norm (usually 8 hours), or
• there is an exceedance of the average weekly working time norm in the accepted billing period.

✅ Overtime is permissible only in cases of special needs of the employer or:

• the necessity to conduct a rescue operation,
• repairing a malfunction.

🔸 2. Overtime limits

• Annual limit: no more than 150 overtime hours per year per employee, unless the regulations, collective bargaining agreement, or employment contract provide for a different (higher) limit.
• Daily working time – must not exceed 13 hours (8 hours standard + max 5 overtime hours).

🔸 3. Compensation and supplements for overtime

According to Article 151¹ of the Labour Code, an employee is entitled to:

• 100% supplement to the remuneration for overtime occurring:
  • at night,
  • on a Sunday or holiday that is not a working day for the employee,
  • on a day off granted for another working Sunday or holiday.
• 50% supplement for overtime occurring:
  • in other cases, i.e. overtime on working days during regular daytime hours.

🧮 Example:

If an employee has a rate of 30 PLN gross/hour and worked 2 overtime hours on a working day, then:

• for each overtime hour, they are entitled to 30 PLN (base rate) + 15 PLN (50%) = 45 PLN/hour.

🔸 4. Form of compensation – money or time off

According to Article 151² of the Labour Code, the employer may:

• pay the salary increased by the supplement (50% or 100%), or
• grant time off:
  • at the employee's request: 1 hour off for 1 overtime hour (without a supplement),
  • on the employer's initiative: 1.5 hours off for each overtime hour (instead of a supplement).

🔸 5. Fixed allowance for overtime

If an employee regularly works overtime (e.g., manager, salesperson):

• a fixed allowance for overtime can be established,
• its amount must correspond to the anticipated number of overtime hours,
• information about the allowance should be included in the employment contract.

🔸 6. Prohibition of overtime – protected groups

Employees who generally should not be employed for overtime:

• pregnant women,
• minor employees,
• persons with a certified disability (unless allowed by a doctor),
• parents of children up to 4 years old – without their consent.

🔸 7. Employer's obligations

 The employer must:

• keep a record of working time (including overtime),
• pay supplements or grant time off in a timely manner,
• not abuse overtime – in case of inspection, a fine may be imposed by the National Labour Inspectorate: from 1,000 PLN to 30,000 PLN (Article 282 of the Labour Code).

📚 Legal basis 

• Labour Code:
  • Article 151–151⁴ – overtime work,
  • Article 129, Article 133 – working time norms,
  • Article 282 – penalties for employers.