Overtime compensation - in what form and when is it due?
There are situations that require an employee to stay longer at work. In this case, the employer is forced to pay the employee compensation. Check what form overtime compensation can take!
Pursuant to Art. 151 par. 1 of the Labor Code, work performed in excess of the applicable working time standards or in excess of the extended daily work schedule constitutes overtime work, commonly known as overtime. Overtime work is allowed in the event of:
- the need to conduct rescue operations to protect human health or life or remove failures, protect the environment,
- the special needs of the employer.
The employee's working time may not exceed 8 hours a day and 40 hours in the case of work in a 5-day working week. It is possible to extend the working time from 8 to 12 hours, but it should be remembered that it must be justified by the specificity of the work or its organization. The 12-hour work system is associated with a day off from work or a shorter working day on other days.
All issues related to the employee's working time should be included in the employment contract concluded with the employee or in the company's internal regulations.
Additionally, it should be remembered that an employee has the right to at least 11 hours of uninterrupted rest per day, as well as 35 hours of uninterrupted rest per week. Entrusting an employee with tasks related to work in his spare time is associated with the need to settle accounts for which the overtime compensation is to be used.
Pursuant to Art. 1511 § 1: For overtime work, in addition to the normal salary, a supplement is due in the amount of:
- 1) 100% of remuneration - for overtime work for:
a) at night,
b) on Sundays and public holidays that are not working days for the employee, in accordance with the working time schedule applicable to him,
c) on a non-working day granted to an employee in exchange for work on a Sunday or on a public holiday, in accordance with the working time schedule applicable to him;
- 2) 50% of remuneration - for overtime work falling on any day other than that specified in point 1.
Overtime work and a day off
In return for work performed overtime, the employee has the right to receive days off. In order to gain a day off, it is necessary to submit a written application to the employer.The number of days off is proportional to the number of overtime hours worked. If the employee does not apply to the employer with the above-mentioned application, then the employer is forced to grant time off in the amount that is half the amount of overtime worked. Even if this results in a reduction in the employee's working time, it cannot result in a reduction in the base salary.
An employer who requires employees to work overtime should remember that they should be compensated for overtime: in money or in the form of days off work, while ensuring that employees have the right to rest under the provisions.
Additionally, employers must remember that the number of overtime hours may not exceed 150 hours a year. In the internal regulations of the workplace or in the employment contract, it is permissible to establish a different number of overtime hours in a calendar year.