You have probably heard of something called an "employee day," but have you ever wondered what it exactly means? If you are an employee, you might have even asked yourself why this topic is so important. Well, the employee day is of great significance, both for employers and employees. Proper settlement can save a lot of stress, and even money, while errors in this area can lead to serious problems. In this article, we will look at what it exactly is, how to count it correctly, and what the consequences are for violating it.
Definition and rules of the employee day
Let's clarify one thing first: the concept of an employee day is something completely different from a calendar day. In the world of labor law, an employee day is 24 hours that start from the moment an employee begins their work according to the schedule. Sounds simple, right? Well, not quite.
Imagine you are an office worker who starts work at 9:00. Your employee day starts at that hour and lasts for the next 24 hours, until 9:00 the next day. The employee day begins when the employee starts work. During this time, you should not work more than 13 hours. This means that in one such cycle, you can work a maximum of 13 hours, and the rest of the time should be allocated for rest.
How to count the employee day?
For different work time systems
Calculating the workday is straightforward in the basic working time system, where working hours are fixed and predictable. The workday is counted according to the applicable work schedule. But what if your job isn’t that predictable?
Janek starts work at 8:00. Therefore, his workday lasts from 8:00 in the morning until 8:00 the next day. If Janek works until 16:00, he has worked 8 hours. Simple, right? But what if Janek starts work at 7:00 the next day? Then he violates his workday because he is working within the previous workday. That’s when problems start, and questions arise about how to correctly account for working time.
It’s different when you work in an equivalent or intermittent system. In such cases, the rules for calculating the workday can vary. For example, in the equivalent working time system, you can work more than 8 hours a day, but the total hours in the settlement period cannot exceed an average of 8 hours per day. It’s a bit like budgeting—you can spend more on one day, but you have to balance it out with lower expenses on other days.
When does a workday violation occur?
A workday violation sounds serious, doesn’t it? And indeed, it’s not something to be taken lightly. A violation occurs when an employee starts work during their previous workday or when their working time exceeds 13 hours within a single workday.
Exceeding working time norms can lead to serious legal consequences. In practice, this means that if your workday started at 8:00, you cannot start work the next day earlier than 8:00, unless you are working in an intermittent working time system.
Imagine that Zosia works at a logistics company where schedules often change. One day, Zosia starts work at 7:00 and finishes at 15:00. The next day, her boss asks her to come in earlier—at 6:00. Zosia agrees, but she doesn’t realize that she is violating her workday. Even if her boss calculates overtime pay, the violation of the workday can still result in penalties for the employer.
Overtime Work and the Workday
When we talk about overtime, we must remember that it is closely related to the workday. Overtime is the work time that exceeds the standards specified in the Labor Code. Overtime work is regulated by the Labor Code, which states that it cannot be planned and is only allowed in exceptional situations, such as the need to protect property, human health, or during the removal of a failure. In such cases, the employer is obliged to calculate the appropriate overtime pay supplements.
Remember! If you exceed your daily norm of 8 working hours, each additional hour will be counted as overtime. However, it’s important to keep in mind that overtime work should be an exception, not the rule. Therefore, it’s worth being vigilant during the work planning stage.
What does the workday look like in an intermittent working time system?
The intermittent working time system is one of those flexible models that allow for breaks during the day, which are included in working time. Resuming work within the same day does not count as overtime. This might seem like an ideal solution, especially in industries where work is not continuous, such as transportation. However, in practice, this system requires strict compliance with labor law regulations to avoid violating the workday rules.
For example, if you work in an intermittent working time system, you may have a long break during the day, but your workday will count from the moment you start work for the first time that day. This is important to ensure that you do not violate regulations regarding the maximum working time within a single workday.
Employer Responsibility
Overtime work can only be justified in exceptional circumstances, such as the need to conduct a rescue operation. An employer who does not comply with workday regulations risks not only financial penalties but also employee dissatisfaction.
Unfortunately, mistakes in calculating the workday occur more often than we would like. That’s why it’s crucial for employers to be aware of their duties and responsibilities. Errors in calculating working hours can lead to the need to pay overtime supplements, which is an additional cost for the company. Furthermore, violating the regulations can result in misdemeanor liability, which may involve additional sanctions and loss of reputation.
What are the consequences of violating the workday rules?
Violation of the workday rules can lead to serious legal consequences. The Labor Code sets out the rules regarding the workday and the consequences of violating them. The employer may be required to pay overtime supplements and fines imposed by the labor inspection. Furthermore, such a violation can result in misdemeanor liability, which involves additional financial sanctions and potential reputational problems for the company.
When does the workday start?
The workday begins at the moment the employee starts work according to the established work schedule. For example, if an employee starts work at 7:00 AM, their workday lasts from 7:00 AM that day until 7:00 AM the next day. Each employee has their own individual workday, which does not have to align with the calendar day.
Can you work 13 hours a day?
Yes, you can work 13 hours a day, but this is the maximum allowed working time within a single workday. It’s important to remember that this time includes both regular work hours and any possible overtime.
To gain greater flexibility in scheduling working hours, it’s worth considering the introduction of flexible working hours.
The Importance of the Workday in Work Time Management
The workday is a concept that may seem complicated, but understanding it is crucial for proper work time management. Employers must remember that complying with the rules regarding the workday not only protects them from legal sanctions but also helps build better relationships with employees.
Introducing flexible work systems, such as flexible working hours or the intermittent working time system, can help avoid workday violations, but it requires proper planning and knowledge of the regulations. Ultimately, ensuring the correct calculation of the workday is not just a legal obligation but also an expression of respect for employees, which can improve the workplace atmosphere and increase the overall efficiency of the company.
Planning Work Without Errors - Our Recommendations
For those who want to avoid issues related to exceeding working time limits, it's worth using modern work planning tools that not only simplify organization but also protect against regulatory violations. With tools like Proplanum, you can be sure that schedule planning is not only efficient but also compliant with the law.
Proplanum offers advanced features that automatically check if the work schedule complies with the current Labor Code, eliminating the risk of errors and potential penalties. The system can monitor schedule changes and provide early warnings about possible working time violations. In practice, this means you can focus on managing your team, and Proplanum will handle the rest.
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