What Is an Overtime Pay Supplement? What Is the Difference Between Overtime Work and Work Beyond Contracted Hours? Am I Entitled to an Overtime Pay Supplement if I Work Part-Time?
Overtime and work beyond contracted hours are strictly regulated in Poland to ensure the protection of employees’ health and safety, the right to rest, and a proper balance between work and private life.
The issue of wage supplements for work beyond scheduled hours has been a topic of controversy for years. Last year, the Court of Justice of the European Union (CJEU) issued a landmark ruling in the Lufthansa CityLine C-660/20 case, which set a new precedent. Over the past year, another significant ruling from the CJEU has reinforced this perspective.
In Poland, work performed in overtime or beyond scheduled hours is strictly regulated to protect employees’ health, guarantee the right to rest, and ensure a proper work-life balance.
What is overtime work, and what is work beyond scheduled hours?
Overtime work refers to work performed beyond the regular working time limits applicable to an employee. These limits apply to full-time employees, typically 8 hours per day and 40 hours per week in Poland. Overtime, therefore, could include working 9 hours a day for someone employed full-time.
Work beyond scheduled hours applies to part-time employees working beyond the time specified in their employment contract. For instance, if a part-time employee is contracted to work 4 hours a day but works 6 hours, the extra 2 hours constitute work beyond scheduled hours.
For overtime work, in addition to regular wages, full-time employees in Poland are entitled to a wage supplement. This supplement amounts to:
For example, a full-time employee working beyond 8 hours a day or 40 hours a week would receive the regular wage plus the applicable supplement for each overtime hour.
Do part-time employees qualify for overtime supplements?
Under Polish labor law (Article 151 § 5 of the Labor Code), employers and part-time employees are required to agree in their employment contract on a permissible number of additional hours beyond the contracted hours. Only work exceeding this agreed limit qualifies for an overtime supplement.
For example: a part-time employee contracted to work 4 hours a day but working 6 hours would receive their regular wage for the additional 2 hours. These hours do not qualify for an overtime supplement unless they exceed the agreed limit set in the contract.
The Supreme Court of Poland confirmed this interpretation in a 2014 ruling (I PK 249/13). The Court reasoned that part-time and full-time employees are treated equally because both receive the same wage for the same number of hours worked (even if the part-time employee does not receive an overtime supplement for these additional hours).
To this time, Polish law followed the principle that part-time employees are not entitled to overtime supplements unless their contract explicitly defined a limit for extra hours, which was exceeded.
In practice employers often set high thresholds for additional hours in contracts (making them unreachable for part-time employees) or omit such limits entirely. As a result, even if a part-time employee works 10 hours a day, they may only be entitled to regular wages for the extra hours, without the supplement.
Is there currently any chance to claim a wage supplement for overtime if working part-time? Yes – thanks to the latest CJEU rulings.
Recent CJEU Rulings: a turning point
On July 29, 2024, the CJEU issued a ruling in combined cases C-184/22 and C-185/22, asserting that part-time employees who work beyond their contracted hours and do not receive overtime supplements are subject to unequal treatment compared to full-time employees. This ruling is grounded in Clause 4(1) of Directive 97/81/EC, which prohibits discrimination against part-time workers.
The CJEU also highlighted the issue of indirect discrimination. It found that national regulations could disproportionately disadvantage women if a higher percentage of women are employed part-time compared to men, as was the case in this instance. However, each case must be evaluated individually to determine if there are objective justifications for such regulations.
Potential Impact of the CJEU Rulings on the Polish Labor Market
The CJEU ruling provides a solid basis for part-time employees to seek legal recourse for unpaid overtime supplements. Workers may now demand payment for supplements related to work beyond their scheduled hours.
Polish courts, including the Supreme Court, are obligated to adapt their practices in line with the CJEU’s current position, respecting the EU principle of legal precedence. This approach stems from the obligation to uphold the EU principle of primacy, which applies to all courts and authorities in Poland.
Praca zdalna została oficjalnie wprowadzona do kodeksu pracy w kwietniu 2023 r. Jej uregulowanie zawiera jednak wiele niuansów, na które warto zwrócić uwagę. Odpowiedzi na niektóre z często zadawanych nam pytań o pracę zdalną znajdą Państwo poniżej.
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