A task-based working time system is a flexible solution that allows work to be organised based on assigned tasks rather than fixed working hours. As a rule, this system is used only in specific situations where the nature of work makes it impossible to precisely determine start and end times. However, it is not an unlimited working time system – the employer must still observe working time standards, i.e. 8 hours per day and 40 hours per week.

1. Who can use it? The system is intended for positions where controlling working time is difficult, such as programmers, postal workers, or designers. It cannot be applied to employees who require strict time supervision, such as machine operators, cashiers, or public transport drivers.
2. Agreement with the employee. The employer determines the time needed to complete tasks in consultation with the employee. Ultimately, however, it is the employer who bears responsibility for setting this time appropriately.
3. Tasks to be completed. Tasks should be clearly defined, specific, and arise from the employment contract or job description. A general job description containing open-ended duties does not meet this requirement.
4. Working time records. The employer must keep records of working time, although start and end times do not need to be registered – except in the case of overtime.

Risks and potential claims:

• Overtime.
  The employer is obliged to pay for overtime if the tasks assigned cannot objectively be completed within standard working hours. However, overtime work requires the employer’s consent.
• Improper implementation.
  If the task-based system is introduced incorrectly, the employee may claim, for example, overtime pay or recognition that they worked under the standard working time system.
• Night work.
  A night work allowance is due only if such work results from the employer’s instruction or the nature of the work itself, not if it arises solely from the employee’s choice.

The task-based system can benefit both parties by providing greater organisational flexibility. However, its effectiveness depends on proper implementation, precise definition of tasks and their completion time, and awareness of potential risks that may lead to legal disputes.

Read more in the article for Rzeczpospolita HERE.