According to the Labor Code, working time is the time during which the employee is at the employer’s disposal or in another place designated for work (Article 128 of the Labor Code). Labor law protects employees against arbitrary time setting.
One of the employer’s obligations is to prepare a work schedule according to which the employee is to work. Exceptions to this rule are situations when, for example, the employee’s working time schedule results directly from legal work or an employment contract and is therefore a permanent schedule. Moreover, a work schedule is not created in the case of the so-called task working time, flexi working time or individual working time. However, in a significant number of cases, the employer will be obliged to prepare a work schedule.
The work schedule cannot be created on the fly. Pursuant to Art. 129 §3 of the Labor Code, the working time schedule of a given employee may be prepared – in written or electronic form – for a period shorter than the settlement period, but covering at least 1 month. The timetable is to be provided to the employee at least 1 week before the beginning of the period for which it was prepared (also Article 129 §3 of the Labor Code)
However, important questions arise about the possibility of changing the previously established work schedule.
The possibility of changing the schedule at the employee’s request, due to his privileged position in the employment relationship, does not seem to raise any doubts. It should be noted, however, that it is up to the employer whether to accept such a request, due to possible organizational and practical difficulties that will lie with the employer.
Much more doubts arise about the possibility of the employer himself changing the already established schedule. Labor law does not explicitly prohibit this.
It is worth mentioning here the position of the Ministry of Labor and Social Policy of October 18, 2013 on the modification of employees’ working time schedules. This is not a generally applicable source of law, but it may provide some guidance on solving the problem.
This provision does not explicitly state that it is permissible to make changes to the employee’s working time schedule, but it is practiced. It should be recognized that changes in employees’ working time schedules are permissible for objective reasons.
According to the Labor Law Department of the Ministry of Labor and Social Policy, pursuant to Art. 129 § 3 of the Labor Code it is not clear how far in advance they can be made. Regulation in this respect may, however, be included in internal company regulations applicable at the employer, e.g. in the work regulations.
However, it is absolutely essential that a change in the work schedule, even if made for objective reasons, cannot violate other labor law norms, for example regulations regarding working hours.