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Compensation for overtime work

An employee is always entitled to regular remuneration for each hour of overtime work. In addition, overtime work may be compensated for either with additional remuneration or free time.

- 100% additional remuneration (overtime allowance)

The employee is entitled to additional remuneration in the amount of 100% of the remuneration for overtime work per day falling:

  • at night,
  • on Sundays and public holidays which are not work days for the employee, in accordance with their working time schedule,
  • on a day off work granted to the employee in exchange for work on a Sunday or public holiday, in accordance with their working time schedule,
  • as well as where the work exceeds the average 40-hour weekly working time standard.

- 50% additional remuneration

The employee is entitled to additional remuneration in the amount of 50% of the remuneration for overtime work per day falling on days which are work days for the employee, in accordance with their working time schedule (including 'working' Sundays and public holidays). There is an exception for overtime night work (with additional remuneration equal to 100% of the remuneration).

An allowance in the amount of 50% of remuneration is also due for overtime work per day falling on:

- a day off from work resulting from an average five-day working week,

- non-working days compensating the increase in the daily working time above 8 hours (in the system of equivalent working time).

For overtime work exceeding the daily and weekly standard at the same time, the employee is entitled to only one overtime allowance.

- free time at the employee’s request

If free time is granted on the basis of a written request from the employee, it is granted in the amount equal to the number of hours worked. In that case, the free time may also be granted outside the reference period during which the overtime work occurred.

- free time without the employee’s request

If free time is granted without the employee’s request, it is granted in the amount larger by a half than the number of hours worked. In this case, the free time must be granted at the latest by the end of the reference period.

- lump sum for overtime work

In the case of employees who are permanently working outside the workplace, it is permissible to replace the regular and the additional remuneration for overtime work with a lump sum. The amount of this lump sum should correspond to the predicted duration of overtime work.

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