Records of working time in Poland - general rules and changes in the way such records are kept on the basis of the GDPR

Keeping records of working time is one of the basic duties of every employer. Failure to follow this procedure constitutes an offence against employees' rights and is subject to a fine of between PLN 1,000 and PLN 30,000. Since 28 May, 2018, the provisions of the GDPR have been in effect, which specify new regulations covering access to employee personal data. 

Scope of working time records

Above all, the obligation to keep records of working time applies to all employees, regardless of the working time system and the method of organization of their employment.

Thus this obligation also covers:

• persons designated by the employer to manage the company,
• persons working on the basis of a task system,
• persons remunerated at a flat rate for work at night and overtime.

In the case of the latter, it is not necessary to keep a record of working hours, rather only to enter information that a given employee performed work in such a position, e.g. by specifying this with the symbol "P".

The scope of the working time records includes all the data needed to settle working time and, consequently, to determine the appropriate remuneration for the time worked. This includes data on:

• work calculated in working days,
• work on Sundays and public holidays,
• overtime work,
• night shift work,
• duty hours,
• delegations,
• non-working days - Saturdays and Sundays,
• holidays,
• sick leave,
• other justified and unjustified absences.

Records of working time in relation to the GDPR

In light of the new regulations, it is incorrect to keep a collective record of working time. Access to working time records can not be unlimited, which applies equally to small and large teams of employees. Access to the records should be restricted solely to:

• human resources staff,
• the employer or a person representing the employer (e.g. manager),
• the employee himself/herself or a person authorized by him/her.

Does the record of working time have to be kept in paper form?

There are no clearly defined guidelines in law which obligate the employer to keep records in paper form. According to the decision of the National Labour Inspectorate, it is permissible to keep records in electronic form. This solution is quite practical because a convenient work entry and exit registration system for employees can be connected directly to the records of working time. However, it should be remembered that according to the provisions of the GDPR, such registration of employees can not be done by means of fingerprint scanners, iris scanners or DNA scanners.

Check how our personnel and payroll services can help you with that.