Violation of the working day - consequences

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Does restarting work on the same day violate the working day? What could be the consequences of this breach? Find out the answers to these questions!

The concept of the working day

The working day specified in the regulations on the scope of working time is not the same as the calendar day. For the purposes of calculating working time, a day should be understood as the next 24 hours, starting from the hour in which the employee starts work in accordance with the working time schedule applicable to him. Any deviation may be treated as a violation of the working day. The beginning of the working day may occur at different times depending on the scheduled hours of starting work by employees. The working day is flexible, and the hours determining it can be individualized for individual employees. During one settlement period, the limits of the working day may change. The employee's daily working time may not exceed 8 hours. When establishing the schedule of employees' working time, the employer must take into account that employees do not start work on the same working day on which they finished the previous shift.

Example 1.

The employee is employed in the basic system from Monday to Friday from 7.00 a.m. to 3.00 p.m., exceptionally on Wednesdays, he worked from 6.00 a.m. to 2.00 p.m.

On the working day that started on Tuesday, there was 1 overtime hour (between 6.00 and 7.00 on Tuesday). As a result, an employee for one hour acquired the right to normal remuneration and 50% of the allowance determined from the hourly rate of his basic salary, provided that neither of them took place at night.

Compensation for working on the same working day

Violation of the working day means that the employee performs overtime work, which should be compensated - by granting time off or paying a supplement for overtime. If a breach of the working day results in overtime work, appropriate allowances must be paid for it. The salary supplement is:

  • 100% of remuneration - for overtime work falling on: night, Sunday and public holidays, which are not working days for the employee, on a non-working day granted to the employee for work on Sunday or a holiday.
  • 50% of remuneration - for overtime work on any day other than that mentioned in the previous point.

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The fact that the employer pays supplements for overtime due to a breach of the working day does not mean that he is not committing an offense. The very planning of work in a way that violates the working day is an offense against employee rights. It is not even justified by the fact that the resulting overtime has been paid correctly.

Overtime work should be compensated in lieu of additional remuneration with time off work. This possibility applies to employees who have worked overtime in all working time systems. Granting time off in exchange for overtime work may take place either at the request of the employee or without such request, but at the initiative of the employer.

Flexible working time and violation of the working day

The employer in the workplace may establish a flexible working time system. In this case, employees will decide on the starting hours of work on individual days. The time when the employee starts work will then be determined by a certain period of time and it will depend on the employee's decision at what time on a given day he will start work. This is called a mobile working time system in which the hour of starting work by an employee on a given day is variable. This does not result in overtime work, i.e. there is no violation of the working day, even though there may be less than 24 hours between the starting hours of work on the following days. The resulting longer work performance by the employee is not, however, dictated by the specific needs of the employer, but by the needs of the employee who decides at what time to start work on a given day. Performing work in a flexible working time system may not result in failure to provide the employee with an uninterrupted 11-hour rest on each working day. The use of flexible working hours can be global and apply to the entire workforce of the plant or, for example, to all employees of specific departments of the company. It can also be used individually, at the employee's written request.

There are also other systems and schedules of working time in which it is allowed to extend the daily work and there is no violation of the working day. These are the following systems: equivalent, continuous operation, shortened week and weekend.