Change of seasonal time from summer to winter and its consequences for settlement of working time

The subject of seasonal time change from summer to winter time is very controversial. Proponents of the seasonal time change believe that it allows us to save energy as a result of the more effective use of sunlight, and also helps to increase road safety. Opponents of the change, on the other hand, point to problems connected with the adaptation of the human body, as well as the huge costs incurred by the transport services sector, costs related to the change of time in IT systems and doubts that arise in connection with the settlement of remuneration.

Where did the idea for the seasonal time change come from?

It all started with a letter written by Benjamin Franklin. On April 26, 1784, a scholar's letter entitled "An Economical Project" appeared in "The Journal Paris". The article was published following a presentation by Anotoine A. Quinquet and Ambroise B. Lange. The inventors had just presented a new lamp and during the presentation, Benjamin Franklin noticed the disproportionate amount of oil consumed compared to the amount of light obtained, meaning that the proposed solution was not economically advantageous. Franklin then put forward his theory that for the purposes of lighting, the lowest energy consumption should be taken into consideration.

The next day, getting up at 6:00, he noticed the sun's rays illuminating his room. In the eighteenth century, in Paris, the day did not begin until around 12:00, and the evenings were spent by candlelight. The discovery of this expressive solar energy at such an early hour stunned the scientist. So Benjamin Franklin decided to calculate the cost of candle consumption in the spring and summer. The result he came up with was 64 million pounds. After the experiment, he wrote a letter which he hoped would influence the behaviour and habits of citizens. The French MP did not aim to change the clocks, but rather to encourage others to better use energy, i.e. by adjusting the sleep and wake up time to the seasons.

The most well-known advocate of time change was William Willett. In 1907, a brochure was published in "The Waste Daylight", which addressed the problem of not using the morning's solar energy. In spite of the creation of a bill in 1909, it was not implemented because of the counterarguments of a strong opposition.

Seasonal time change – actual implementation

The seasonal time change was actually introduced during the First World War. On April 30, 1916, the idea of the seasonal time change was recognized in Germany because of energy savings during the war. The project implemented by the Third German Reich lasted until October 1, 1916. The next country that adopted the seasonal time change was England. The law was signed on May 17, 1916, and entered into effect, along with the change of clocks, five days later. In Britain the time change procedure was cancelled and resumed a number of times, until in October 1940 the dual summer time was adopted that lasted from May to August.

In the interwar period, England was the only country dealing seriously with the problem of time. In Poland during the interwar period, summer time was introduced once only in Wielkopolska. On September 16, 1919, the Supreme People's Council published in the Official Gazette of the NRL, Regulation No. 3, § 1, which stated that on the territory occupied by the Polish Army, summer time was in force from April 15, 1919 to September 16, 1919.

During the period of the Second World War the occupied territories were forced to adopt German time. In the years 1940-1942, only summer time was in force. Post-war Europe had a problem with regulating time in its area. In the '50s continuous winter time was used. The topic of daylight saving time returned in the late seventies. In 1997, the European Union regulated the time issue. Member States are subject to Directive 2000/84 / EC of 19 January 2001, which prescribes that the daylight saving time period begins in each Member State of the European Union at 1:00 GMT on the last Sunday in March. Article 3 states the end of summer time as 1:00 GMT on the last Sunday in October.

The current time zone in Poland is based UTC coordinated time reading from the Central Office of Measures server. The official time, which applies to Poland, is Central European Time (UTC + 1) or Central European Summer Time (UTC + 2).

Consequences of changing to summer time for the settlement of working time.

The applicable regulations concerning the change of time are introduced on the basis of the regulation of the Prime Minister of November 3, 2016, regarding the introduction and cancellation of Central European summer time in 2017-2021. It contains exact dates in which clockwise movements occur.

The change to summer time, creates certain problems with regard to the settlement of working time. There are no exact legal regulations pertaining to the remuneration system connected with the change to summer time.

Should employees be entitled to remuneration for the unworked hour?

This situation applies to citizens performing their work in the third shift system. The answer to this question should be based on the Labor Code. "Working time" in the sixth chapter defines night work and according to Art.1517. §1 "Night time is the period of 8 hours between 21:00 and 7:00." The problem that appears on the night shift is the change of time from 2:00 to 3:00 – as a result of which an employee will spend one hour less at work. In addition, Art. 1518. §1. states that an employee who performs work at night is entitled to an allowance for each hour of work during the night. The allowance amounts to 20% of the hourly rate resulting from the minimum remuneration for work.

Employees performing their duties at night during the change of time from winter to summer should be paid remuneration also for the 1 hour they did not work. However, employees are not entitled to the night work allowance for the hour lost as a result of the time shift.

Why is the employee entitled to remuneration for the lost hour of work?

There are no exact regulations governing the payment of remuneration during the time shift, which does not mean that there are no laws in the Labor Code that can be invoked. Chapter 1a "Compensation for work and other benefits" Article 80, states that remuneration is due for work performed and for the time of non-performance of work the employee retains the right to remuneration only when the Labor Law regulations so provide. Further, Art.81. §1. states clearly that if the employee was ready to perform his duties but did not perform them as a result of obstacles he encountered at work, he is entitled to remuneration resulting from his personal employment grade, determined by the hourly or monthly rate, and if such a remuneration component was not specified when determining the terms of remuneration, the employee is entitled to 60% of remuneration. In each case, the remuneration may not be lower than the minimum remuneration for work. Next, Art.81. §2. states that the remuneration described in §1 is due to the employee for any work stoppage periods for which the employee is not responsible. Remuneration is not due only when the work stoppage is caused by the fault of the employee.

Regardless of whether the employee is remunerated on a monthly or hourly basis, he should receive remuneration for the number of hours he was required to work. For hour not worked due to the time shift, the employee should be paid for idle time. This issue is still the subject of much controversy. According to some experts, the employee should receive a normal salary for the unworked hour because there are no specific provisions in this regard. The choice as to whether to pay the employee the normal hourly rate or the idle time rate, therefore depends in this case on the employer. Regardless of the chosen rate, there is no doubt that the employee has no influence on the change of time, therefore he must be paid remuneration for the lost hour.