Breaks are an essential part of the organisation of working time, and their proper management is crucial for both employee comfort and compliance with labour law. Polish labour law sets out in detail both the minimum size of breaks and the rules for introducing them. Knowledge of the key provisions of the Labour Code, additional regulations stemming from the ordinance or Supreme Court case law can help you avoid legal violations and ensure optimal working conditions in your organisation.
Mandatory breaks from work – i.e. what kind of breaks?
The key provision regulating breaks is Article 134 of the Labour Code Act of 26 June 1974 (Journal of Laws of 2023, item 1465, as amended; hereinafter: ,,Labour Code’’), which defines the minimum breaks to which an employee is entitled depending on the length of the working day. An employee whose daily working time is at least 6 hours is entitled to at least a 15-minute break, included in working time.
In addition, this right provides for further breaks in the event of longer working hours:
an employee working more than 9 hours is entitled to an additional 15-minute break,
after 16 hours of work, another third break of 15 minutes is granted.
It should be emphasised that these breaks count as working time, which means that the employer cannot require the employee to ‘work off’ the time spent resting.
And what about monitor work?
The regulations on breaks do not end with the Labour Code. An important document is also the Ordinance of the Minister of Labour and Social Policy of 1 December 1998 (Dz.U.1998.148.973), which regulates in detail the issues related to work at a screen monitor.
Pursuant to § 7 of this Ordinance, the employer is obliged to provide employees whose work involves operating a screen monitor with appropriate rest conditions. There are two options to choose from:
the employer must ensure that work at the computer is alternated with other tasks that do not strain the eyes and are performed in a different body position, whereby the time spent working at the monitor should not exceed one hour without a break,
if it is not possible to alternate tasks, an employee is entitled to a break of at least 5 minutes after each hour of screen time. This break also counts as working time, which means that the employer cannot require additional work off this time.
Additional breaks
Pursuant to Article 141 of the Labour Code, the employer has the possibility to introduce one additional break, not included in working time, not exceeding 60 minutes. This break may be taken to eat a meal or to attend to personal matters. It is important to note that the introduction of this break is not compulsory and is entirely at the discretion of the employer.
The employer has the possibility to introduce the above break:
in a collective agreement,
in the work regulations,
in the employment contract (if the employer is not covered by a collective agreement or is not obliged to establish work regulations).
Breaks from work through the eyes of the Supreme Court
The Supreme Court, in its judgment of 16 March 2017, Case No. I PK 1124/16, emphasised the important role of the employer in determining the rules on breaks at work, including where they are used. The Supreme Court said that breaks counted as working time, as referred to in Article 134 of the Labour Code, must be used in accordance with the rules defined by the employer.
The thesis presented by the Supreme Court is that an employee cannot decide on their own where to use their breaks, especially outside the employer’s premises, without the employer’s consent or approval. Leaving the workplace without notification and approval of the employer, even during breaks included in working time, may be considered a violation of the work and work order regulations, which may result in disciplinary sanctions. The employer has the right to require the employee to report any departure from the workplace, even during breaks.
Another important judgment is the ruling of the Supreme Court of 18 January 2005, ref. no. II PK 151/04, in which the court confirmed that breaks included in working time are recognised as working time also in the context of remuneration for overtime work. In the cited ruling, the court held that breaks which are counted as working time should be included in the total working time, which also affects the calculation of remuneration for overtime work.
This judgment is of particular relevance to employers who employ employees who work longer hours. It means that time spent on breaks included in working time (e.g. 15-minute breaks after 6, 9 and 16 hours of work) counts towards total working time, which may affect an employee’s entitlement to overtime allowance.
Summary
Breaks at work are an effective way to ensure employees’ comfort and recovery, which has a direct impact on their efficiency. They are not only a right of employees, but also an obligation for employers to manage them appropriately. Employers should pay particular attention to regulating the precise use of breaks and monitoring their compliance in order to avoid labour law violations and potential consequences.
Our labour law team will be happy to assist you in putting in place the appropriate provisions of internal documents to ensure proper compliance with the law.
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