How to keep an attendance list and work time records?

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What is the reason for the obligation to keep records of working time?

An entrepreneur employing an employee on the basis of an employment contract is also obliged to keep records of working time. This obligation results from Art. 149 § 1 of the Labor Code:

“The employer keeps records of the employee's working time for the purpose of correctly determining his remuneration and other work-related benefits. The employer makes these records available to the employee, at his request. "

What should the timesheets contain?

The Labor Code does not specify what should be included in such records. However, this information can be found in §8 para. 1 of the Regulation of the Minister of Labor and Social Policy, incl. on the scope of keeping records by employers in matters related to the employment relationship, which clearly indicates that the employee's time record sheet should include: work on individual days, including work on Sundays and holidays, at night, overtime and on days time off work resulting from the schedule of working time in an average five-day working week, on-call time, leaves, leaves from work and other justified and unexcused absences from work. In the case of juvenile employees, the employer also takes into account the time of their work in the work prohibited for young people, the performance of which is allowed in order to undergo vocational training.

Keeping an attendance list is obligatory

However, keeping an attendance list, as a rule, is not required. The obligation to include the method of confirming the employee's arrival and presence at work in the work regulations occurs only when the number of employees exceeds 20. The remaining employers are required to provide such information to the employee about any letters in writing, no later than within 7 days from the conclusion of the employment contract.

Important! The attendance list is not the same as timesheets.