Overtime pay under an employment contract is 50 or 100 percent of wages: the rate depends on when the overtime work fell, not on the number of hours worked. The same, higher rate also applies when the average weekly working time norm in the settlement period is exceeded. The allowances described here apply to an employment contract. Under a contract of mandate they are usually not due, unless the contract provides for them.

When the rate is 100 percent

The 100 percent rate applies to overtime falling:

  • during night hours,
  • on Sundays and public holidays that are not working days for the employee under their work schedule,
  • on a day off granted in exchange for work on a Sunday or holiday,
  • due to exceeding the average weekly working time norm in the adopted settlement period.

Under an employment contract, for overtime in other cases, that is, on an ordinary working day outside night hours, the rate is 50 percent.

How many overtime hours can be assigned per year

The annual limit of overtime hours due to the employer's special needs is 150 hours per calendar year, unless regulations, a collective labor agreement, work rules or the employment contract itself set a higher limit. Regardless of this limit, weekly working time including overtime may not exceed an average of 48 hours in the settlement period.

There is also a right to at least 11 hours of uninterrupted daily rest: in practice this limits the daily working time including overtime to a maximum of 13 hours. Overtime work is permitted at all only in the event of a rescue operation to protect life, health, property or the environment, or the employer's special needs. It is not an ordinary situation. Overtime limits and working time rules from the Labor Code apply to an employment contract. Under a contract of mandate, the number of hours follows from the contract.

Overtime pay or time off instead

Instead of pay, the employer may grant time off. The amount depends on who requested it:

  • at the employee's written request: time off in the same amount as the overtime hours worked, which may also be granted in the following settlement period,
  • on the employer's initiative, without the employee's request: an amount half again as high as the number of overtime hours, granted no later than the end of the settlement period.

Under an employment contract, the amount of time off therefore depends on whether it was granted at the employee's request or on the employer's initiative.

What the pay is calculated from

The overtime pay is calculated from the wages resulting from the employee's personal pay grade, that is, usually from the base rate, set hourly or monthly, without variable components such as discretionary bonuses. This is why, for the same number of overtime hours, the pay amounts differ between people who seemingly earn the same. The reference point for the minimum rate itself is the article on the minimum hourly rate; how the extra pay reaches the payslip is explained in the article on net and gross pay.

Overtime under a contract of mandate (umowa zlecenie)

The Labor Code rules on overtime pay do not apply to a contract of mandate (umowa zlecenie). The pay for every hour worked is set by the contract, subject to the minimum hourly rate, and the basis for settlement is the record of hours worked.

What to check on the payslip

It's worth checking whether the number of overtime hours matches the hours worked and whether the correct overtime rate was applied for the time of day. If something doesn't match, it's easiest to clarify it right away with the coordinator. Issues related to the night-work allowance, which often overlaps with overtime, are covered in a separate article on the night-work allowance.

Frequently asked questions

When can an employer assign overtime work?

Under an employment contract, the employer may assign overtime work in the event of a rescue operation or the employer's special needs. The annual limit, the average weekly norm and the minimum daily rest must be maintained.

What is the maximum number of hours a day that can be worked including overtime?

The right to 11 hours of uninterrupted daily rest limits a working day including overtime to a maximum of 13 hours in practice, regardless of how many overtime hours remain within the annual limit. This rule applies to an employment contract, while under a contract of mandate the number of hours follows from the contract.

Is overtime pay due under a contract of mandate?

The Labor Code provisions on overtime apply to an employment contract. Under a contract of mandate, the rate for every hour worked is set by the contract, subject to the minimum hourly rate.

Can the annual limit of 150 hours be higher?

The 150-hour limit applies unless regulations, a collective agreement, work rules or the contract set a higher one; in that case the limit from those documents applies. Regardless of it, the average norm of 48 hours per week and daily rest must always be maintained. The limit applies to an employment contract. Under a contract of mandate, the number of hours follows from the contract.

This text is for information only and describes general regulations. It is not tax or legal advice.
This text describes the general rules. What you are entitled to depends on your type of contract: an employment contract (umowa o pracę) or a contract of mandate (umowa zlecenie). Your own contract and payslip are what count.