No night work allowance for employees with task-based working time when they choose to work at night without a business reason

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Katarzyna Soboń

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Under a task-based working time system, the employee determines their own working hours and may choose to work at night (i.e. within the eight-hour period between 9:00 p.m. and 7:00 a.m., as designated by the employer).

As a rule, employees are entitled to additional remuneration for night work (Article 151⁸ §1 of the Labour Code). However, whether this entitlement applies in a task-based system depends on the reason for performing work at night. If it results from the employee’s autonomous decision, made within their organisational discretion, then no allowance is due. Conversely, if night work is required by the employer, or results from the nature of the assigned tasks, then the employee retains the right to receive the allowance.

 

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