How much will the time change cost you?
On the last weekend of October, summer time changes to winter time. For most people, this is certainly a reason to be happy - an hour more to sleep and rest is, after all, something that happens once a year. However, for people who work at night, changing the time means an extra hour of work, and for employers - an obligation to settle overtime.
Is the additional working hour exceeding the working time norms?
According to the Labor Code, the standard of working time for an employee employed under a contract of employment is 8 hours a day and 40 hours a week.
It is worth noting that work performed in excess of the working time standards applicable to an employee, as well as work performed in excess of the daily working time resulting from the applicable system and work schedule, constitute overtime work. Therefore, employees whose night shift starts on the last Saturday in October and ends the next day due to the change from summer to winter time, will work an hour longer (at 3:00 a.m. they will turn their watch back to 2:00 a.m.) and this time will be considered overtime during the night time.
How to settle accounts with an employee?
Each employee is entitled to appropriate compensation in such a situation. According to Art. 151¹ of the Labor Code, for overtime work falling at night, the employee is entitled to - in addition to the basic salary - an allowance of 100% of the salary. In turn, art. 151² contains information that in exchange for overtime hours, the employer may also grant the employee time off work. Its size depends on whether the employee submits the appropriate application himself - then he will receive 1 hour off, or it will be the boss's initiative - in this case it will be 1.5 hours.
However, it is important to know if the employee actually worked an additional hour. There will be no doubts about the performance of duties on the production line, but for example, the situation of a train driver who has to wait an additional hour practically idle may be considered a downtime at work, and thus have different consequences.
Night work allowance
Pursuant to Art. 151⁷ night time is considered to be 8 hours between 9:00 p.m. and 7:00 a.m. If the employee performs his duties during this time, he is entitled to an additional remuneration for each hour of night work. Its amount is 20% of the hourly rate resulting from the minimum remuneration for work. This means that for the night during which the time shift takes place, the employee will receive the said allowance increased by the rate for one additional hour.
The described situation does not depend on the will of the employer and it is important that the employer complies with the provisions of the Labor Code, i.e. gives the employee what he has earned. The employee, on the other hand, has no choice but to adapt to the generally prevailing rules in his workplace. However, the most important thing is to ensure that this one, overtime hour does not become a cause of dispute and misunderstandings.