Work Schedule Planning in Retail in Compliance with the Polish Labour Code

Working Time Planning in Retail Establishments – Which Scheduling Mistakes Expose the Employer to Risk?

Given the long opening hours of retail establishments and limited staffing capacity, mistakes in employee work scheduling can easily occur. Such errors may result in both employee claims and penalties in the event of a labour inspection.

Work Scheduling in Compliance with the Polish Labour Code – Key Rules

When preparing a work schedule, employers must comply with the rules on working time and, in particular, take into account the provisions concerning:

• the maximum daily and weekly working time limits;
• the requirement to provide at least 11 hours of uninterrupted daily rest and 35 hours of uninterrupted weekly rest;
• employees’ right to statutory breaks at work;
• limits on overtime work;
• the risk of breaching the employee’s working day.

In the Polish Labour Code, the “employee’s working day” means a consecutive 24-hour period starting from the time when the employee begins work according to the applicable work schedule. Incorrect scheduling within this period may lead to a breach of working time regulations, even if the employee’s total number of hours appears correct.

Equivalent Working Time System in Retail – How to Plan Longer Shifts in Compliance with the Law

Pursuant to Article 129 § 1 of the Polish Labour Code: “Working time may not exceed 8 hours per day and an average of 40 hours in an average five-day working week within the adopted reference period not exceeding 4 months, subject to Articles 135–138, 143 and 144.” 

One of the key solutions allowing for greater organisational flexibility is the equivalent working time system, referred to in Article 135 of the Polish Labour Code. Under this system, the daily working time may be extended - generally up to 12 hours - provided that this extension is balanced by shorter working time on other days or by days off within the applicable reference period.        

Due to the possibility of extending daily working time to 12 hours, while maintaining the total working time due in the reference period, the equivalent working time system has become a useful tool for planning employee work schedules in the retail sector. In practice, the reference period usually lasts from 1 to 3 months, depending on the employer’s internal working time arrangements and the applicable rules under the Polish Labour Code. This solution enables employers not only to manage working time effectively and lawfully, but also brings a number of practical benefits.

Benefits of the Equivalent Working Time System for Employees:

• A predictable and balanced work schedule.
• More days off within the reference period, while maintaining the same total number of hours to be worked — longer working time on one day is balanced by time off on another day.
• Better ability to organise private life and maintain work-life balance thanks to a work schedule planned in advance.
• No need to work overtime where longer daily working hours are properly balanced within the reference period.
• Clear rules regarding working hours and rest periods.

Benefits of the Equivalent Working Time System for Employers:

• The ability to adjust work schedules to store opening hours and maintain flexibility during periods of increased customer traffic.
• Reduction of overtime and the related payroll costs, as longer daily working time is balanced by time off on another day.
• Planning working time in compliance with the provisions of the Polish Labour Code and, consequently, limiting the risk of sanctions for non-compliance.
• More effective use of staffing resources.
• Lower employee turnover.

Equivalent Working Time and the Risk of Non-Compliance – What Must Employers Keep in Mind?

Employers who decide to introduce the equivalent working time system are still required to comply with the remaining working time rules set out in the Polish Labour Code.

Regardless of the working time system applied, the employer is strictly obliged to ensure the employee’s right to daily and weekly rest periods, as well as breaks at work.

Attention should also be paid to the concept of the “employee’s working day” under the Polish Labour Code. Pursuant to Article 128 § 3 point 1, a day should be understood as 24 consecutive hours starting from the time at which the employee begins work in accordance with the applicable work schedule.

Breach of the Employee’s Working Day – Example of a Scheduling Error

Scheduling work from 10:00 a.m. on the first working day and from 9:00 a.m. on the following working day results in a breach of the employee’s working day. A working day that begins at 10:00 a.m. on the first day lasts until 10:00 a.m. on the next day. Therefore, starting work at 9:00 a.m. on the second day means that the employee begins work for the second time within the same working day.

Moreover, such scheduling may also result in exceeding 12 hours of work within the employee’s working day or may give rise to the employee’s entitlement to overtime pay.

Flexible Working Time – Can an Employee in Poland Start Work Twice Within the Same Working Day?

What should an employer do if, due to the need to manage work organisation effectively — for example because of fixed store opening hours — it is necessary for an employee to start work again within the same working day?

A solution permitted under the Polish Labour Code, specifically Article 1401, is to introduce flexible working time at the workplace. This system allows for different work start times to be planned, and performing work again within the same working day will not be treated as overtime, provided that it results from the applicable work schedule.

The use of flexible working time enables employers to manage employees’ working time more effectively and in compliance with the law. However, it should be remembered that work performed in accordance with the work schedule must not infringe the employee’s right to rest.

Penalties for Breaching Working Time Regulations – What Are the Risks for Employers?

Pursuant to Article 281 § 1 point 5 of the Polish Labour Code, a breach of working time regulations by an employer or by a person acting on the employer’s behalf is punishable by a fine ranging from PLN 1,000 to PLN 30,000.