What is task-based working time?
To put it very simply, task-based working time involves the implementation of specific tasks, within a specific type of work, at a specific time. The employee is held accountable for this by the employer. This is not the most common working time system. Perhaps this is due to the fact that he is characterized by a certain freedom. Although there is employee subordination, it is largely the employee’s responsibility when he or she completes a specific task. What counts is the effect. Of course, this should not be confused with a contract for specific work or commission.
In accordance with the definition of the Act of June 26, 1974, Labor Code (consolidated text: Journal of Laws of 2023, item 1465, hereinafter referred to as: KP), in cases justified by the type of work or its organization or the place of work, the system may be used task-oriented working time. The employer, after consultation with the employee, determines the time necessary to perform the assigned tasks, taking into account the working time resulting from the standards specified in Art. 129 of the Labor Code, in such a situation, working time may not exceed 8 hours a day and an average of 40 hours in an average five-day working week in the adopted settlement period not exceeding 4 months,
Task-based working time may be used only to a narrow extent – when the type of work, its organization or the place of its performance make it impossible or significantly more difficult for the employer to control the employee while performing work. This type of working time is used primarily when the employee performs work outside the employer’s headquarters and under the direct supervision of superiors. The mere determination by the parties of working time as task-based is not a basis for the application of Art. 140 of the Labor Code, if it is not justified by the type of work and its organization. Task-based working time does not mean that an employee comes to work when he or she wants, works as many hours as he or she wants, and leaves work when he or she wants. Although he does not have strict working hours, he is bound by the tasks assigned to him, which he should complete during the settlement period.
The amount of task working time depends on the working time of a given employee and the number of tasks to be performed. If the employer adopts a task-based working time system for a given position, only assigning specific tasks to the employee (specific type and amount of work) makes it possible to determine the dimensions of these specific tasks and refer them to the working time standards specified in Art. 129 LC. Therefore, if an employee is employed full-time, his task working time should be related to working time, which cannot exceed 8 hours a day and an average of 40 hours in an average five-day working week in the adopted settlement period not exceeding 4 months.
The tasks should be set in such a way that the employee, with due care and conscientiousness (Article 100 § 1 of the Labor Code), can perform them within 8 hours a day and on average 40 hours a week in an average 5-day working week in the adopted settlement period ( Article 129 of the Labor Code), if he is employed full-time. Within these limits, the time necessary to perform the assigned task is determined by the employer in consultation with the employee. Although the agreement on the application of the task-based working time system does not have to take the form of a written contract, it must actually take place because the employee has the right to express his or her position as to whether he or she will be able to perform the tasks entrusted (assigned) to him under the applicable conditions. working time standard. Failure to adapt the number of employees’ tasks to working time standards constitutes a violation of Art. 140 CP. Judgment of the Supreme Court – Chamber of Labor and Social Insurance of September 22, 2020, I PK 126/19
The employer does not keep records of the working hours of employees to whom the task-based working time system applies (Article 149(2) of the Labor Code). However, the name of an employee employed during task-based working hours may appear on the attendance list. The employer has the right to check whether such an employee is present at work. However, you should always record, in particular, periods of annual leave, unpaid leave, inability to work due to illness and care for a sick family member, also in the case of employees for whom the obligation to record working hours has been excluded.
Supported by Norway through Norway Grants 2014-2021, in the frame of the Programme “Social Dialogue – Decent Work”.
