Determining the hours of the night time

Often, employers reporting to our PRWT Accounting Office are faced with the issue of setting night hours in their workplaces. Pursuant to Art. 1517 par. 1 of the polish Labor Code, night time covers 8 hours between 21:00 and 7:00.

Is the employer obliged to define specific hours of the night in his workplace?
Specifying the exact night time is not an absolute duty of the employer, but ignoring this issue by the employer may lead to serious practical consequences. If the employer does not specify the scope of the hours of the night time, then, in the most restrictive approach, all of the 10 hours between 9:00 p.m. and 7:00 a.m. will be considered night time with the consequences in the form of paying an additional remuneration to employees working in this time.

How to determine the hours of the night time?
Night work hours should be specified by selecting 8 hours (within 8 hours) between 21:00 and 7:00. Night time can therefore be defined as the time between:
• 21:00 – 5:00 or
• 22:00 – 6:00 or
• 23:00 – 7:00

Where should the hours of the night be regulated?
The exact hours for night work should be specified in:
– labor regulations / collective labor agreement or
– employment contracts or
– employer’s notice

Are there any exceptions?
Yes. The night time of a juvenile worker (16-18 years old) lasts from 22.00 to 6.00, and in the case of exceptional employment of juveniles who are under 16 years of age – from 20.00 to 6.00.

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