Clients of our PRWT Accounting Office often ask about the possibility of changing the work schedule of their employees. Does the employee have to consent to such a change? How long in advance do I need to notify the employee about the change?
Generally, according to Art. 129 par. 3 of the Polish Labour Code, the work schedule of a given employee may be prepared – in written or electronic form – for a period shorter than the accounting period, but including at least 1 month. In addition, the employer provides the employee with the working time schedule at least 1 week before the start of work in the period for which this schedule was prepared.
Thus, the schedule / schedule containing the schedule of working time of a given employee:
– may be in written or electronic form,
– may be made for a period shorter than the reference period, but for at least 1 month,
– should be handed over to the employee at least one week before starting work.

The above-mentioned provision does not, however, settle the question of the admissibility of changes to the schedule already in force. It seems that where the employer and the employee agree to such changes, they are acceptable, and moreover, that changes in extraordinary situations and those introduced with the consent of the employee may be considered permissible. Considering that for an employee, the knowledge of the applicable schedule is crucial for planning free time, if there are circumstances that do not allow the employee to agree to change the schedule with the employee a week in advance, such arrangements should be made as soon as possible (notify / agree as soon as possible) for changes in the schedule so that the employee, having time to plan his free time and personal matters, would be willing to take the change proposed by the employer. Of course, in emergency / exceptional situations, it may be necessary to change the schedule overnight (or on the same day), but these should be exceptional situations. In addition, it is good to regulate the issue of changing the schedule through an appropriate provision in the internal regulations in force at the employer’s (e.g. work regulations or announcement). Writing clear rules will make it possible to distinguish between situations in which the employee is obliged to accept a change in the schedule and situations in which the change requires his consent and further possible consequences if such consent is not given.