Time change and labour law – impact on working hours and wages

Changing the time, both from winter to summer time and from summer to winter time, is of significant importance in the context of labour law. In Poland, the time change is regulated by the Act on Official Time in the Territory of the Republic of Poland and relevant regulations of the Prime Minister. The practical consequences of these changes affect employees, especially those working at night.

Legal basis for time change

Time change in Poland is based on:

• Act of 10 December 2003 on official time in the territory of the Republic of Poland (Journal of Laws 2004 No. 16 item 144),
• Regulation of the Prime Minister of 4 March 2022 on the introduction and cancellation of Central European Summer Time in 2022–2026 (Journal of Laws 2022 item 539).

In practice, this means that the clocks are adjusted twice a year:

• Change from winter to summer time – the hands of the clock are moved forward one hour (from 2:00 to 3:00), so that on that particular day we sleep one hour less.
• Changing from summer to winter time – the hands are moved back an hour (from 3:00 to 2:00), which results in an hour more sleep 😉

Changing time and working time

Changing time has a direct impact on the working time of people working at night.

Changing from winter to summer time – shorter night shift

During the transition to daylight saving time, employees who work at night theoretically work an hour less. For example, if an employee has a shift from 10 p.m. to 6 a.m., they will actually only work 7 hours because at 2 a.m. the clock will immediately jump to 3 a.m.

Will the employee get paid for this missing hour?

Yes! The Labour Code stipulates that the employee must be paid for this hour in full, even though he or she did not actually work it. This is based on the principle that the employee should not suffer financial loss due to regulations beyond his or her control.

Article 151⁷ of the Labour Code defines night time as the period between 21:00 and 7:00 and states that night work should not exceed 8 hours per day for particularly strenuous or dangerous work. In the context of the change from winter to summer time, the employee is also entitled to remuneration for the unworked hour resulting from the shortening of the night shift, but is not entitled to a night work allowance (for this one unworked hour).

This means that in the case of readiness to work and obstacles beyond the employee’s control, he is entitled to full pay, even though he actually worked 7 and not 8 hours on that day.

This rule is intended to protect the rights of employees and ensure that their working time and remuneration are fairly accounted for in accordance with applicable legal standards.

Daylight saving time change – additional hour of work

When the clocks go forward, the working time of the aforementioned employee on that particular day will increase by one hour, i.e. to 9 hours instead of the standard 8. In this situation, the additional hour

• Is treated as overtime,
• Is subject to settlement in accordance with the provisions of the Labour Code – the employee is, in principle, entitled to remuneration with an overtime allowance,
• However, it can be compensated with time off at a ratio of 1:1 (at the employee’s request) or 1:1.5 (at the employer’s initiative).

In addition, if the extra hour falls during the night, the employee is entitled to a night-time bonus of 20% of the minimum hourly wage.

Employer obligations when changing the time

Changing the time means that employers must observe several key rules:

1. Adjustment of work schedules – the employer should take into account the time change in work schedules to avoid overtime or staff shortages and ensure minimum rest time required by the Labour Code.
2. Settling overtime – an extra hour of work when changing to winter time must be adequately paid or compensated with time off.
3. Informing employees – employees should be aware of the rules regarding remuneration and settlement of working hours during the time change.

Time change and labour law – practical examples

Example 1 – shift worker (summer time to winter time change)

A security guard works the night shift from 10 p.m. to 6 a.m. These hours correspond to the night shift defined by his employer in the internal regulations. At night, the clocks go back from 3:00 to 2:00. The effect? The employee works 9 hours instead of 8. The employer must pay the salary and overtime allowance or grant time off.

Example 2 – monthly-paid employee (change from winter to summer time)

A security guard who is paid a monthly salary should not be affected by the change from winter to summer time in terms of his salary – he will receive the full amount due to him.

Example 3 – hourly-paid employee (change from winter to summer time)

Similarly, a security guard paid by the hour will be paid for the number of hours he was supposed to work in a given month, even if he worked one hour less on a given day due to the summer time change.

Przykład 3 – pracownik wynagradzany stawką godzinową (zmiana czasu zimowego na letni) 

Podobnie pracownik ochrony wynagradzany stawką godzinową – , otrzyma on wynagrodzenie za taką liczbę godzin, jaka przypadała mu do przepracowania w danym miesiącu, nawet jeżeli w danym dniu pracował o jedną godzinę krócej z uwagi na zmianę czasu na letni.  

Which employees require special attention?

• Art. 178 § 2 of the Labour Code – Employees taking care of a child until the age of 8. It is not possible to employ such an employee without their consent to work overtime, at night, in the working time system referred to in Art. 139, the intermittent working time system, or to delegate them outside their permanent workplace.
• Art. 1517 § 3 of the Labour Code – persons performing particularly dangerous work at night or work associated with great physical or mental effort – in this case, the working time of such a person may not exceed 8 hours per day. This restriction does not apply to employees managing the workplace on behalf of the employer or to situations requiring rescue operations to be carried out in order to protect life or health, safeguard property, protect the environment or rectify a breakdown.
• Art. 203 § 1 of the Labour Code – young employee – these persons may not be employed to work overtime or at night. This prohibition is absolute and is not waived by the employee’s consent.
• Art. 15 of the Act of 27 August 1997 on Vocational and Social Rehabilitation and Employment of Disabled Persons. According to its content, the working time of a disabled person may not exceed 8 hours a day and 40 hours a week. The working hours of a disabled person with a severe or moderate degree of disability may not exceed 7 hours a day and 35 hours a week. A disabled person may not be employed at night or during overtime. However, according to Article 16 of the Act, a disabled person may work at night if they are employed as a security guard and if, at their request, the doctor carrying out preventive examinations or, failing that, the doctor caring for that person gives their consent.

Summary

The change of time has significant consequences in the context of labour law, and its impact varies depending on whether it is a question of switching to summer or winter time. Key conclusions:

• An employee working the night shift during the change of time from winter to summer receives remuneration for the hour not worked, but does not receive a night shift allowance for it.
• An employee whose shift falls during the change from summer to winter time will work an extra hour, which constitutes overtime.
• The employer is obliged to settle working time accordingly and to inform employees about the settlement rules.
• It is worth keeping an eye on legislative changes, as there are increasing calls for the abolition of the time change in the European Union.