In the regulations on the admissibility of overtime work, we will find the concept of the manager of a separate organizational unit. In accordance with the wording of the provision of Article 151⁴ of the Labor Code, among others, the right to remuneration and allowance for working overtime does not apply to such persons in principle.

Clients of our accounting office often wonder whether persons performing managerial functions in their workplaces are subject to the regulation of this provision.

At the outset, it should be pointed out that there is no legal definition of the manager of a separate organizational unit. Court decisions are important here, which, in addition to the separation of such a unit in the organizational structure, indicate as an important condition that the subject of the tasks of an employee standing at the head of a separate organizational unit should be managing a team of employees employed in this unit.

It can be assumed that if a manager:
– has a subordinate team,
– does not work on an equal footing with the employees subordinate to him,
– has influence on decision-making in the team subordinate to him,
– has management rights in a specific scope over the organizational unit in which he operates,

then we can apply to him the provisions on the lack of remuneration for overtime work to the extent specified in art. 151⁴ of the Labor Code.

If, as part of your business, you encounter problems related to hiring employees, we invite you to our accounting office in Krakow and our accounting office in Warsaw, where we provide accounting services as well as HR and payroll services.

Bookkeeping office in Warsaw

PHONE: +48 22 292 47 21
EMAIL: biuro.warszawa@prwt.pl

Bookkeeping office in Krakow

PHONE: +48 12 345 21 06
EMAIL: biuro.krakow@prwt.pl