Accounting for an on-call employee

Service

The employer may require the employee to be available for work outside of normal working hours, i.e. on call. On-call duty may be performed at the workplace, at home, or in another place designated by the employer. How is the on-call employee billed?

On-call orders

The employee may not refuse to perform on-call duty (provided that it is not inconsistent with the law or the employment contract), as carrying out the orders of the supervisor is the employee's responsibility.

The employer, when issuing the on-call order, should specify the place where the duty is to be performed.

On-call time

The time the employee remains on standby outside normal working hours is limited and may not violate the employee's entitlement to daily and weekly rest. On-call time, regardless of where it was performed, is not included in the working time if the employee did not perform work while on duty. An employee may be on duty for such a period of time as to maintain an 11-hour daily rest or 35 hours of a weekly rest. This restriction does not apply to employees managing the workplace on behalf of the employer.

 

Important!

The time of on-call duty may not violate the employee's right to daily and weekly rest. The exception is the duty of the management staff, which does not have such restrictions.

Accounting for an on-call employee

For the time of on-call duty, performed in a workplace or other place that is not home, the employee is entitled to:

  • free time corresponding to the length of the duty (hour per hour), or

  • remuneration resulting from the personal classification of an employee determined with an hourly or monthly rate, and if the rate has not been separated, then the employee is entitled to 60% of the remuneration.

Remuneration for on-call time is due only if the employer is not able to grant time off for on-call time.

Pursuant to the provisions of the Labor Code, the employee is not entitled to any compensation for on-call time at home, unless the employer sets more favorable conditions in this regard.

Accounting for an on-call employee - who cannot be on call?

If overtime occurs due to on-call time, the question of prohibiting overtime for certain groups of workers should be taken into account.

 

Important!

The absolute prohibition of overtime work applies to pregnant workers.

In the case of employees caring for a child under 4 years of age, overtime work is prohibited, unless the employee agrees. However, in the case of employees with a significant or moderate degree of disability, the prohibition of overtime work shall apply, unless the employee agrees and receives a medical certificate from a doctor, allowing them to perform overtime work.

In the equivalent working time system, in the shortened working week system and in the weekend work mode, as well as in the case of persons employed in positions where the maximum permissible concentrations or intensities of factors harmful to health are exceeded, it may not exceed 8 hours.