While working, it is good to rest and eat a meal to take care of your health and have energy to perform the tasks entrusted to you. In Poland, a break from work is regulated by the Labour Code, these regulations must be complied with by employers and employees. Read on if you want to know the answers to the following questions: how long does a break last, who is entitled to it and on what terms?
This article explains:
- Break from work – this is worth knowing
- Labour Code – break
- How long is a break at work?
- Break from work for breastfeeding mothers
- How much break is a disabled employee entitled to?
- Labour Code – breaks for juvenile workers
- Computer work – breaks
- Break in work 2024 – additional time off
- Breaks in working time under civil law contracts
- How much break in work in arduous conditions?
- Work break – frequently asked questions
Break from work – this is worth knowing
The length of the break depends on how many hours a day you work, and the type of your contract is also important. A statutory break from work applies only to persons who are covered by an employment relationship, which is:
- employment contract (e.g. for a definite period, indefinite period, probationary period, replacement);
- appointment (e.g. to a director’s position);
- election (e.g. the head of the commune);
- appointment (e.g. as a teacher with appropriate seniority);
- cooperative employment contract (with members of the cooperative).
The basic normative act that regulates the rights and obligations of employees is the Labour Code. It contains information about the break in work.
Labour Code – break
The legal regulations clearly explain how much break an employee is entitled to:
Art. 134. § 1. of the Labour Code:
“If the daily working time of the employee:
1) is at least 6 hours – the employee is entitled to a break in work of at least 15 minutes;
2) is longer than 9 hours – the employee is entitled to an additional break at work of at least 15 minutes;
3) is longer than 16 hours – the employee is entitled to another break in work lasting at least 15 minutes.
§ 2. The breaks referred to in § 1 shall be included in the working time”.
Breakfast break – Labour Code
Breaks to which an employee employed under an employment relationship is entitled are referred to in the regulations as breaks at work. Breakfast break at work is only a customary term for the time of rest from duties.
The break time at work can be used freely, but most often employees eat a meal then.
How long is a break at work?
The most popular is the 15-minute break, because many people work 8 hours a day, and then they are entitled to a 15-minute break during working time. A break is counted as working time, so you don’t have to stay “after hours” to make up for it, and you can’t give up a break in favor of going home early.
The employer can extend the break of his own accord, but it depends only on his decision.
What does not count as a break at work?
It is important that going to the toilet is not a break from work. The employer, regardless of the type of contract, is obliged to provide the employee with conditions that are safe and hygienic, as well as to respect his dignity and other personal rights. Therefore, it cannot account for the time that the employee spends on going to the toilet.
The exception is when the employee would talk on the phone or smoke cigarettes in the toilet, for example, then the employer may talk to him.
Break from work for breastfeeding mothers
Breastfeeding women are entitled to additional breaks, which are included in the working time:
- If you work more than 6 hours a day, you are entitled to two 30-minute breaks for breastfeeding, if you breastfeed more than one child, this time is extended to 45 minutes.
- If you work 4 to 6 hours a day, you are entitled to one 30-minute break for breastfeeding, and if you are breastfeeding more than one child, the break is longer at 45 minutes.
If you work less than 4 hours, you are not entitled to a breastfeeding break.
Labour Code – break in work for women breastfeeding a child
Mothers who work 4 hours or more a day can count on additional breaks to feed their baby. The duration of these breaks is specified in the Labour Code.
“Art. 187. § 1. A breastfeeding employee is entitled to two half-hour breaks at work included in working time. Female worker breastfeeding and more than one child is entitled to two breaks from work, 45 minutes each.
“§ 2. Employees employed for less than 4 hours a day break are not eligible for breastfeeding. If the working time of the worker does not exceed 6 hours n per day, she is entitled to one break for feeding”.
How much break is a disabled employee entitled to?
Disabled people have the right to an additional break from work for gymnastics or leisure. This is regulated by the Act on Vocational and Social Rehabilitation and Employment of Persons with Disabilities, and its provisions do not violate the Labour Code. This special break is an additional 15 minutes and is included in the working time.
Labour Code – breaks for juvenile workers
An adolescent is a person between 15 and 18 years of age. Persons who are not yet 15 years old cannot be employed, and adolescent workers can work only after meeting certain conditions and on special terms. The break in work for adolescents is longer.
ARt. 202. § 31. of the Labour Code:
“If the daily working time of an adolescent is longer than 4.5 hours, the employer is obliged to introduce a break in work lasting 30 minutes continuously, included in the working time.”
Computer work – breaks
Working in front of a computer puts a significant strain on the eyes. Employees who work in front of a display screen for at least half of their daily working time should perform other types of duties that do not strain the eyes for 5 minutes after each hour worked. When the employer is not able to ensure that work in front of the computer is alternated with other activities, the employee is entitled to a 5-minute break after each hour worked.
Break in work 2024 – additional time off
Your employer may introduce an additional break not included in your working time, of no more than 60 minutes, for which you will not be paid.
What does this mean in practice?
- The legislator determines that an additional break at work is the time to eat a meal or take care of personal matters;
- The break does not count towards working time, so if you work from 09:00 to 17:00 and your employer introduces an additional 60-minute break, you will have an additional hour to use in any way you want, but you will leave work at 18:00.
It should be borne in mind that an employment contract may offer better terms than the minimum legal requirements, which means that the employer has the option to grant additional breaks that count towards working time, but this decision is entirely up to the employer.
Breaks in working time under civil law contracts
Breaks in work under a civil law contract, such as a contract of mandate or a contract for specific work, are not regulated by the Labour Code, which applies to employment contracts. In the case of civil law contracts, the issues related to breaks should be determined directly in the content of the contract. A contract of mandate may set the conditions for breaks, while in a contract for specific work, more emphasis is placed on the effect of work, which gives the contractor freedom in planning work and breaks.
Although there are no statutory breaks on a contract of mandate, this does not mean that your employer has the right to order you to perform your duties for many hours without interruption, as you have the right to hygienic and safe working conditions.
Break from work – Code and civil law contracts
Regulations concerning a contract of mandate or a contract for specific work can be found in the Civil Code, which does not contain information on what a break in work should look like. However, your employer must respect your right to take care of your health and safety.
Article 304 of the Labour Code exceptionally refers to other types of contracts and clearly states that every person has the right to working conditions that are hygienic and safe, regardless of the basis on which they perform their work.
Art. 304. § 1. of the Labour Code:
“The employer shall be obliged to provide safe and hygienic working conditions referred to in Article 207 § 2 to natural persons performing work on a basis other than an employment relationship in the workplace or in a place designated by the employer, as well as to persons conducting business activity on their own account in the workplace or in a place designated by the employer.”
How much break in work in arduous conditions?
The regulations do not precisely regulate the break time for employees who perform their duties in arduous or particularly harmful conditions, but the Labour Code specifies that they should have reduced working time or additional breaks included in the working time. Employees who perform monotonous activities or at a predetermined pace should also have additional breaks.
However, we are talking about particularly arduous and particularly harmful conditions, as well as monotonous work at a predetermined pace. The regulations do not provide for additional breaks for all manual workers.
Work break – frequently asked questions
Break at work – after how many hours are you due?
Employees whose daily working time is 4 hours or 5 hours are not entitled to a break, because the statutory 15 minutes of rest is entitled to people who work at least 6 hours.
How much break for 8 hours of work?
An employee is entitled to a rest break during the working day if his working time exceeds 6 hours. When you work 8 hours, your break is 15 minutes and is included in your working time.
How much break for 8 hours of physical work?
The provisions of the Labour Code do not distinguish between the break time for manual and white-collar workers, so the break for 8 hours of physical work is 15 minutes. The employer may decide to extend the break, but does not have to do so.
How much break for 10 hours of physical work?
An employee employed under an employment relationship whose working time is more than 9 hours per day is entitled to an additional 15 minutes break, i.e. a total of 30 minutes.
How much break for 12 hours of work?
When you work 12 hours a day, you are entitled to an additional 15 minutes break, so a break in a 12-hour job is a total of 30 minutes.
How much break for 12 hours of standing work?
When you work 12 hours a day, you are entitled to a 30-minute break. The rest time is not extended due to the fact that it is standing work, but the employer is obliged to provide you with the opportunity to rest in a sitting position.
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Nika Walęcka
Copywriter, author of articles with practical advice that will help you look for satisfying employment. It provides a lot of information that is useful in preparing applications, conducting job interviews and building a professional image.
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