Change of time during work and remuneration

As a result of the clock shift related to the time shift, workers who work on the night shift on that day earn one more or less overtime. How does time change affect their remuneration for work?

Remuneration for work and the change from winter to summer time

Due to the shift from winter to summer time, employees working on a night shift work one hour less than their working hours indicate. The employer, however, has to pay the employee for the number of hours that they were obliged to work in a given reference period in accordance with the working time. Employees will not work this hour not because of their fault, but because of general regulations. They are ready to work but are hindered for reasons beyond their control.

The issue of not working on full time due to the change from winter to summer time may not reduce the salary of the employee who receives the monthly wage.

The regulations do not specify how to calculate the remuneration in the event of incomplete one hour due to the shift from winter to summer time. In this situation, the unworked hour should not affect the remuneration of an employee remunerated at a fixed monthly rate.

Also, if an employee is remunerated at an hourly rate, he should be remunerated for the number of hours he should work according to the working time that applies to him and the number of hours to be worked in a given reference period. Therefore, his remuneration cannot be reduced for an unworked hour due to the change from winter to summer time. The employee should receive at least downtime wages. Of course, you can also pay your normal salary.

If you work at night during the daylight saving time changeover, you must pay the remuneration for the hours not worked due to the time shift. However, the employee is not entitled to a night allowance for this unworked hour, because the employee actually works 7 hours at night, not 8 hours.

Example 1.

In the company, employees are employed in the basic working time system with a variable organization of working time. The third shift at the plant starts at 10.00 p.m. and lasts until 6.00 a.m. The night time has also been determined between 10.00 p.m. and 6.00 a.m.

Due to the shift from summer to winter time, employees working on the 3rd shift (22.00–6.00) will only work 7 hours instead of 8 hours. They are entitled to remuneration for one unworked hour. However, the employee will receive an allowance for night work for 7 hours, i.e. for the working hours that actually fell during the night hours of the workplace.

The issue of overtime in the time of shifting working time is different. If the employee did not have scheduled work for the shift that occurs during the shift from winter to summer working hours, and performs overtime work, he will receive a salary plus an overtime allowance for the hours actually worked. In the case of overtime work, the number of hours actually worked by the employee is important. However, the time of starting and ending work is irrelevant in the event that the time changes from winter to summer time. Start a free 30-day trial period with no strings attached!

Remuneration for work and the change from summer to winter time

The withdrawal of watches by one hour causes an extension of the working time also by one hour, exceeding the working time applicable to the employee on that day, i.e. overtime work. People who have the night shift during the transition to winter time will work one hour longer. They will stay at work not eight, but nine hours. The standard standard daily working time for a full-time job is eight hours, while employees will work for 9 hours.

Pursuant to Art. 80 of the Labor Code, the remuneration is due for the work performed. If the employees work an hour longer due to the change from summer to winter time, they should be compensated for the additional work.

Work performed in excess of the number of hours provided for in the working time schedule results in exceeding the so-called average weekly working time and the need to pay a 100% bonus to remuneration, unless the employee is granted time off in exchange for overtime work. Granting time off may take place at the request of the employee or on the basis of the employer's decision. If the employee is granted time off for overtime worked, the time off is given in the proportion 1: 1. If it is the employer who grants time off without the employee's request, this time must be granted at the latest by the end of the settlement period in the amount that is half the number of overtime hours worked.

Choosing the option of time off for overtime work results in the loss of the right to the extra pay for extra work. For an additional hour of work due to the change from summer to winter time, you are entitled to take time off or, in addition to your normal salary, an allowance of 100% of your salary.

Additionally, for all hours performed at night, the employee should receive a night allowance, which is entitled to 20% of the hourly rate resulting from the minimum remuneration for work. This allowance is due for 8 hours between 9.00 p.m. and 7.00 a.m. In the event of a time change, two different positions are presented. The first in which the night work allowance must be paid for an additional hour. The second is that the allowance is only due for 8 hours and should not be paid for an additional hour.

When changing from summer to winter time, employers should be aware that in case of night workers, overtime and night allowance should be properly accounted for. However, when the time changes from winter to summer, night workers will not have a reduced salary.