Can my employer make me work overtime?
It depends: yes, but within the rules and with a premium. Overtime is allowed in case of the employer's special needs or the need to rescue life, health or property, and an order to work overtime is as a rule binding on the worker. There are, however, limits: the annual overtime limit for special needs is 150 hours (a collective agreement or contract can change it, within an average of 48 hours a week over the settlement period). Overtime carries a premium: 50% (on ordinary days) or 100% (at night, on Sundays and holidays that aren't working days, and on a day off), or — at the worker's request or the employer's decision — time off. Some workers (e.g. pregnant women, those caring for a child up to 4) are protected by restrictions.
📋 The rules
- Overtime for special needs or rescue
- Annual limit: 150 hours (changeable by agreement/contract)
- Bound: average 48 hours a week over the settlement period
- Premium 50% or 100% or time off
- Protection for pregnant women and carers of a child up to 4
🔓 Exceptions
- Pregnant women: a ban on working overtime
- Carers of a child up to 4: overtime only with their consent
- Management staff: work beyond the norm when necessary, with limits on the premium
⚠️ Penalties & fines
Not paying the due overtime premium or exceeding the limits of overtime is a labour-law breach — the worker can claim back pay with interest and report it to the National Labour Inspectorate (a fine for the employer) or the labour court. On the other hand, refusing justified overtime (outside protected situations) can breach employee duties. To protect your rights: watch the working-time records, check that overtime is properly settled (premium or time off), mind the limits and rest periods, and if pay is understated keep evidence (rosters, payslips) and report it to the inspectorate or court. Remember the special protection of some groups of workers.
📎 Official sources
- ISAP · Labour Code (overtime) →
- National Labour Inspectorate · Working time →
- Gov.pl · Overtime work →
❓ Frequently asked
Must I work overtime when the employer orders it?
As a rule yes. An order to work overtime, justified by the employer's special needs or the need to rescue, is binding on the worker. The exception is protected workers, including pregnant women and, without their consent, carers of a child up to 4.
How much overtime can I work a year?
The annual overtime limit for the employer's special needs is 150 hours. A collective agreement, internal rules or the employment contract can change it, but work in total can't exceed an average of 48 hours a week over the adopted settlement period, with rest preserved.
How much is the overtime premium?
50% of pay for overtime on ordinary days and 100% for overtime at night, on Sundays and holidays that aren't working days, and on a day off under the schedule. Instead of the premium you can get time off, at the worker's request or the employer's decision.
Can I get time off instead of money?
Yes. For overtime the employer can grant time off instead of the premium. At the worker's request it's granted equal to the overtime worked, and without a request — by half as much again. Granting time off excludes the right to the premium for that overtime.
What if the employer doesn't pay for overtime?
You can claim back pay with the premium and interest. You'll report it to the National Labour Inspectorate, which can fine the employer, or file a claim in the labour court. It's worth gathering evidence, e.g. working-time records, rosters and payslips.
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