Working time of management staff and additional remuneration for overtime

In art. 151 of the Labor Code, the concept of overtime has been precisely explained. According to its wording, work performed in excess of the working time standards applicable to an employee and work performed in excess of the extended daily working time, which results from the applicable system and working time schedule, constitute overtime work. An employee who performed his work in excess of the working hours applicable to him, should be charged with additional remuneration by the employer or with additional time off from work. Unfortunately, employees of the management staff cannot count on additional remuneration for overtime work. What is the working time of the managerial staff?

Who is deprived of additional remuneration

Article 151 of the Labor Code lists who is deprived of additional remuneration for work performed after hours. These are two employee groups:

1. employees managing the workplace (e.g. members of the company's management board) as well as a person working as chief accountant, even if he is not a member of the management body,

2. employees in managerial positions, managing an organizational unit separated in the structure of the workplace.

Working time of management staff and remuneration

Persons managing the workplace shall not be entitled to remuneration or an allowance for overtime worked on working days and for work performed on non-working days.

Of course, it should not be common to employ these people in conditions of exceeding the daily or weekly working time standards. However, when necessary, there are no regulations which would encourage the payment of additional benefits.

It has been generally accepted that the working time of managerial staff should not be strictly regulated due to the nature of the work they perform. It is also unreasonable to require them to strictly adhere to the eight-hour rhythm of the working day, because their working time is determined by the type of duties and the complexity of the tasks they perform. Hence, it can be concluded that it is not without reason that the remuneration of such staff significantly exceeds the wages of "regular" employees.

The second professional group, i.e. employees in managerial positions, managing a separate organizational unit within the workplace, is partially deprived of remuneration for overtime. Partly because they are entitled to wages plus a 100% bonus for overtime on Sundays and public holidays. In other cases, they are not entitled to additional remuneration.

Of course, there are no restrictions on the payment of an additional overtime benefit by the employer at its discretion.

In court rulings, it is emphasized that the work performed by the management of the workplace and managers in the workplace should be organized in such a way that it does not require performing it beyond the working hours.

When overtime pay is possible

At the same time, the National Labor Inspectorate (hereinafter: PIP) is of the opinion that an employee employed in a managerial position may not be deprived of remuneration and an allowance for overtime work, if due to poor work organization he is forced to systematically exceed the accepted norms of working time. Working time of the managerial staff should be organized in such a way that the manager is not forced to work overtime.

PIP states that the fact that the employer is exempted from paying remuneration to the managerial staff for overtime work does not mean the possibility of cyclical outsourcing of work exceeding the generally accepted norms of working time. An employee performing managerial functions should be more willing to work and perform it outside normal hours (in accordance with Article 135 § 1 of the Labor Code) without the right to additional remuneration. However, such work may only be occasional and necessary.

The Supreme Court was of the same opinion in its judgment of 15 December 2010, file ref. II PK 146/10, in which he stated that improper organization of work, causing that an employee of the management staff is systematically forced to work overtime, may result in the acquisition of the right to additional remuneration.