Working time - everything you need to know about it


Working time is the time during which the employee remains at the disposal of the employer in the workplace or in another place designated for work (Article 128 §1 of the Labor Code).

An employee who has not turned up for work or arrived in a condition that makes it impossible to start work is not at the employer's disposal, including:

  • in a state of intoxication,

  • without medical examinations confirming that there are no contraindications to work,

  • without documents confirming his entitlement to perform a specific job (e.g. driver's license).

Working time - what do we include?

At the employer's disposal there is both an employee who actually performs work and an employee who does not perform his duties, but is ready to perform it.

Working time is the time including:

  • education of an adolescent in the amount resulting from the compulsory school curriculum, regardless of whether it takes place during working hours (Article 202 § 3 of the Labor Code),

  • meal breaks, if the employee works for at least 6 hours, he / she is entitled to a 15-minute break (Article 134 of the Labor Code),

  • breaks for breastfeeding a child - if the employee feeds more than one child, she has the right to two breaks of up to 45 minutes, while if she is feeding one child, she has the right to two breaks of 30 minutes each (Article 187 of the Labor Code),

  • 15-minute break for rehabilitation exercises or rest for disabled employees (Article 17 of the Act of 27 August 1997 on vocational and social rehabilitation and employment of disabled people, Journal of Laws No. 123, item 776, as amended),

  • breaks due to work in conditions that are particularly harmful or burdensome to health and monotonous work (Article 145 § 1 of the Labor Code),

  • 5-minute breaks after one hour of computer work (§ 7 of the MPiPS regulation of December 1, 1998, Journal of Laws No. 148, item 973, on occupational health and safety at workstations equipped with screen monitors),

  • 30-minute break of an adolescent employee whose daily working time exceeds 4.5 hours (Article 202 § 31 of the Labor Code),

  • employee's working hours,

  • downtime at work not attributable to the employee (Article 81 of the Labor Code),

  • periodic and control medical examinations carried out during working hours (Article 229 § 3 of the Labor Code),

  • OSH training (Article 2373 § 3 of the Labor Code),

  • medical examinations of pregnant employees, taking place during working hours (Article 185 § 2 of the Labor Code).

Working time - what does it not include?

Sometimes work is not:

  • time of unexcused absence from work,

  • a break from work during interrupted working hours (Art. 139 of the Labor Code),

  • on-call time during which no work was performed (Article 1513 § 2 of the Labor Code),

  • a break for eating a meal or settling personal matters introduced by the employer, not exceeding 60 minutes (Article 141 of the Labor Code),

  • presence at the workplace outside the employee's working time in order to participate in a special event organized by the employer, the presence of which is voluntary,

  • time for a business trip outside the employee's normal working hours. The exception is when work is performed while traveling,

  • participating in a strike.