Only One Parent or Guardian Raising a Child Under Eight Years Old Can Refuse Overtime, Night Work, or Business Trips

Autor

Katarzyna Soboń

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According to Article 178 §2 of the Polish Labour Code, a worker who is raising a child under the age of eight cannot be ordered (without their consent)  (i) to perform overtime, (ii) to work nights, (iii) to work a system of interrupted working hours, or (iv) be sent on business trips outside their regular place of work.

Until 26 April 2023, this right applied to workers raising children under the age of four. However, following the implementation of EU Directives, this right has now been extended.

Still, only one parent or guardian can exercise this right (Article 189[1] of the Labour Code). This means that if one parent decides to use this right, the other parent (guardian) no longer has that option. They cannot refuse overtime, night work or business trips.