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How long is the working time of an employee from Ukraine?

Employing foreigners provides strong support for many Polish enterprises. This allows you to supplement your staff in a situation where there is a lack of well-qualified specialists on the labor market, but not only that. Employees from the East, especially from Ukraine, are employed in all positions, including those that do not require qualifications. How long is the working time of an employee from Ukraine? Can he work beyond the norm? We explain this in the article.

Working time of an employee from Ukraine – basic information

Working time standards for an employee from Ukraine are the same as for all foreigners and Polish citizens. This applies to both citizens of the European Union and those from third countries. Therefore, there are no minimum employment requirements.

Typically, welders from Ukraine work full-time, but the employer has the right to employ them half- or even quarter-time. There are also situations when Ukrainian citizens work even less hours, which results in their low remuneration. Therefore, changes to the regulations regarding the minimum working time of foreigners are planned, as the lack of these regulations may lead to abuse. Working time may depend on the form of employment of a Ukrainian citizen. Polish law allows for a written contract of employment, mandate or specific work, as well as seasonal work.

Working time for full-time employees

What is the statutory length of a week for an employee from Ukraine? Every foreigner and Polish citizen who is employed full-time under an employment contract should work 40 hours a week in accordance with the Labor Code. This may be work 5 days a week or less, as well as on weekends, if necessary due to the company’s operating mode.

Of course, the employer has the right to employ ½ or ¼ time, but this must be specified in the contract, including remuneration for part-time work. If a holiday falls on a non-working day in a given month, the total working time is reduced by 8 hours.

What are the rules regarding overtime and days off?

A full-time employee from Ukraine can work from Monday to Friday, as well as on Saturdays and Sundays. However, by law, Sunday is a day off and the obligation to work on this day depends on the specific nature of the organization in which the employee is employed.

For work on Sunday, you are entitled to time off on another day of the week. An employee from Ukraine employed under an employment contract is entitled to 11 hours of rest each day. This condition may not be met only if the employee participates in unforeseen tasks, such as rescue operations or troubleshooting.

Is an employee from Ukraine obliged to work beyond the norm when necessary?

Overtime, according to Polish law, is work above the norm, i.e. more than 40 hours. in the week. This is necessary for some professions and permissible in every workplace at the request of the employer. An employee who has a standard employment contract cannot refuse overtime. However, he is entitled to additional remuneration or an appropriate number of hours off.

For overtime at times when there is usually no work (e.g. at night, Sunday and holidays), the employee is entitled to double the rate of remuneration. For other days it should be an additional 50% of the salary. Please note that overtime cannot conflict with the 11-hour daily rest restriction. An employer cannot order overtime work for pregnant women and employees who take care of a child up to 4 years old if they have not consented to overtime.

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