Working time records - what information should it contain?
Keeping records of working time is an essential activity from both the employer’s and the employee’s point of view, but it is also one of the basic obligations of the employer. The register should be kept for each employee separately. Detailed information contained in the employee’s working time register is used to control compliance with the regulations on the working day, the correct calculation of remuneration and other benefits under the employment relationship.
Carefully kept records of working time allow us to believe that the employer cares about its employees, and with great professionalism throughout the process. What are the obligations of keeping working time records? Who should be in charge of keeping records of working time? We will answer these and many other questions in our article.
Mandatory information in the working time records
The basic obligation of every employer is to keep records of working time for people who have been employed by him under an employment contract. The purpose of such records is to correctly determine the amount of remuneration and other benefits resulting from work.
According to the current regulations, the working time record should contain information on:
- the number of hours worked,
- start and end hours of work,
- the number of hours worked at night,
- the number of overtime hours,
- the number of hours of on-call duty, as well as the hours of the beginning and end of on-call duty, with an indication of the place of its performance,
- holidays, with the indication of the title for their granting,
- statutory dismissals, with an indication of the legal basis for granting them and an indication of the amount,
- other excused absences from work, with an indication of their type and extent,
- unjustified absences from work, with an indication of their size,
- information on the working time of a juvenile employee in work prohibited for juveniles, which is allowed to be performed for the purpose of their vocational training.
It should be remembered that different rates of remuneration apply for overtime, as well as hours worked at night, on Sundays or holidays.
The introduction of a change in the recording of the number of hours worked is intended to control compliance with the regulations on the so-called working day. From 1 January 2019, the employer must also provide the number of on-call hours and the start and end times of work, indicating where the work took place. All this in order to be able to determine whether the right to an 11-hour uninterrupted daily rest, which an employee is entitled to, has not been violated.
Since we are talking about the number of hours worked, the regulations require the working time records to also include the type and extent of dismissals from work and other excused absences from work. Of course, we are also talking about unexcused absences.
In a situation where an employee receives a day off, the employer must indicate what the reason is (e.g. a day off due to an average five-day working week, a day off for working on Sundays or holidays).
The working time records do not include information related to applying for annual leave.
Process outsourcing It is the practice of delegating specific business processes or services to an external company or supplier. Check what delegating the keeping of employee time records to other entities can give you.
Keeping time records
Records of working time can be kept in paper or electronic form. Remember to store it in such a way that it does not get damaged. Records of working time should be kept for the entire period of employment of the employee, as well as for the next 10 years, counting from the end of the calendar year in which the employment relationship was terminated or expired.
Employee time record retention period
The length of time records of the press can be kept is regulated by Article 94(9b) of the Labour Code.
“The employer is obliged to store employee documentation for a period of 10 years, counting from the end of the calendar year in which the employment relationship was terminated or expired, unless separate regulations provide for a longer period of storage of employee documentation.”
The method of recording working time has changed, and even before 1 January 2019, the storage period of employee documentation was as long as 50 years! The changes took place with the introduction of Art. 7. Act of 10 January 2018 At that time, some acts were amended and the period of retention of employee files was shortened.
Forms of keeping records of working time
To a large extent, how working time records will be kept depends on the employer. The legislator allows him to choose from two available forms, paper or electronic.
If the employer decides on a paper version, they will have to protect it against destruction, damage, loss, but also so that it does not fall into the wrong hands. The working time record sheet with detailed information should be located in a special room where it will not be endangered by weather conditions, i.e. humidity and temperature.
Electronic records of working time should be kept in accordance with what is specified in Chapter 3 of the Regulation. Chapter 4 also sets out detailed rules of conduct in a situation where an employer will be forced to transfer employee documents between electronic systems.
Attendance list and working time records
What is the difference between an attendance list and a working time record? Attendance list is only a document that confirms the start and end time of work. Legal regulations do not impose an obligation to conduct it, and it is the employer himself who decides whether he needs this form of control. It should be remembered that these are two different documents and cannot be used interchangeably.
Working time records are mandatory and contain much more information than the attendance list itself, which tells about the time of starting work, the time of its completion, or the extent of unexcused absences of the employee.
According to Article 149 of the Labour Code:
“The employer keeps records of employees’ working time for the purpose of correctly determining their remuneration and other work-related benefits.”
An employer who does not keep records of working time may receive a fine of PLN 1,000 to even PLN 30,000. The attendance list may only be a supplement to the working time records.
The attendance list is only intended to confirm whether the employee has arrived at the workplace. The working time records contain other detailed information, such as contractual working hours, overtime, work on Sundays and holidays, sick leave and data on whether the employee has taken annual leave.
What documents should be included in the working time records?
The regulations governing keeping records of working time can be found in the Regulation of the Minister of Family, Labour and Social Policy of 10 December 2018 on employee documentation.
Keeping employee documentation is the responsibility of every employer. According to the above-mentioned Act, the employer should store:
- documents concerning personal data collected in connection with applying for a job, as well as referrals for examinations and medical certificates concerning periodic and follow-up examinations,
- statements and documents concerning personal data,
- employment contract,
- the scope of activities and duties of the employee,
- documents concerning the employee’s performance of work under special conditions or of a special nature
- confirmation that the employee has read the content of the work regulations, health and safety regulations, and the scope of information covered by secrecy,
- confirmation of informing the employee about the terms and conditions of employment, the scope of monitoring and the occupational risk.
Of course, there are many more of these documents, but it is impossible to list them all. The regulations introduced by the legislator clearly state what must be included in the working time records and what employee documentation the employer should have access to. For more detailed information, please visit Regulation of the Minister of Family, Labour and Social Policy of 10 December 2018 on employee documentation.
Which employees are not included in the working time records?
Records of an employee’s working time do not need to be kept in the case of employees who manage the workplace on behalf of the employer. Exceptions to the rule are also employees employed in the task-based work system. They are among the employees who receive a lump sum for working overtime or at night. In their case, the employee’s working time record is not needed.
In their case, simplified working time records are used. It consists in the absence of an obligation to document working hours. However, keeping limited records does not exempt the employer from other requirements, which include:
- providing information about days off, indicating the reason for granting them,
- demonstrating the type and extent of time off work,
- demonstrating the type and extent of other excused absences from work and the extent of unexcused absences from the workplace.
Irregularities and their consequences
Keeping records of working time is one of the basic obligations of the employer, without which it is impossible to properly settle the employee’s remuneration and other benefits related to the employment relationship. This document is crucial for compliance with labor law, and its absence or unreliability can have serious financial and legal consequences.
Consequences of violations and the role of control
The lack of working time records or their improper keeping is treated as a direct violation of labor law, as well as a violation of the regulations on the employee’s working time. Such actions constitute an offence punishable by a fine of up to PLN 30 thousand. The National Labour Inspectorate (PIP) is strict about this obligation – if the register is suspected of being falsified, the inspector may apply to the court for a suspicion of committing a crime. Then the consequences are much harsher. However, honest employers should not be afraid of inspections; Minor deficiencies resulting from technical problems usually end only in a note, as long as the overall efficiency of work and data reliability are maintained.
What should the working time record contain?
In accordance with the Regulation of the Minister of Family, Labour and Social Policy on employee documentation, records must be kept for all employees, including juvenile employees. Employee documentation includes data on:
- The number of hours worked and the exact start and end time of work.
- Work at night, on Sundays and holidays, and on days off resulting from the schedule.
- The number of overtime hours (overtime hours must be recorded precisely).
- The number of hours of on-call time, indicating the time of the start and end of on-call duty and indicating the place where it is performed.
- Excused absences and the extent of unexcused absences from work.
- Private outings to settle personal matters.
In the case of juvenile workers, the records must additionally take into account the time of work in work prohibited to minors, the performance of which is allowed only as part of vocational training.
Forms and rules of keeping time records
The employer can choose various forms of working time records – they can be kept in paper or electronic form. It is important that each time and attendance card is protected from access by unauthorized persons. These records should be kept throughout the employee’s employment, as well as after the employment relationship has been terminated (in accordance with the current file retention deadlines).
There are situations that allow for keeping simplified records of working time. This applies to, m.in, employees managing the workplace on behalf of the employer and persons covered by the task-based working time system. In their case, no working hours are recorded, but only working days and the types and extent of absences. Regardless of the system, reliable records of employees’ working time are essential to ensure the correct process related to the payment of remuneration and to monitor compliance with rest periods on each employee day.
Keeping employee records (payroll) – using the services of an external company can protect you from irregularities in documentation and legal consequences.
Summary – working time records
Time and attendance records are the most important element of the documentation of working time records in an enterprise. Its lack of working time records may result in serious problems in the settlement of working time, as well as incorrect payment of remuneration. The employer is legally obliged to keep such records and make sure that they reliably show all hours worked, including the exact hours of the beginning and end of work.
A properly maintained working time record card must take into account not only standard working hours, but also overtime, night work and on-call duty with an indication of the place where they are performed. This documentation is necessary to verify compliance with the provisions of the labour law, including rest on each working day. It is worth remembering that employee time records must be protected from access by unauthorized persons, and their reliability directly affects the efficiency of work and legal security of the company.
In the case of persons covered by the task-based working time system or managerial employees, it is permissible to use simplified working time records, which do not require recording specific hours, but only working days and the length of unexcused and excused absences. Every employment relationship requires such attention to detail to avoid severe penalties from the National Labour Inspectorate.
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