Pojęcie czasu pracy w znowelizowanym kodeksie pracy
The notion of working time in the amended labour code

Summary/Abstract: The article discusses two important elements of the definition of working time deriving from the 128th article of paragraph 1 of the labour code, namely, the situation in which the employee remains in the employer's disposition and the place in which the employee remains to his/her disposal. It paid an attention to the issue of the realization of the employee's right to rest tightly connected to the issue of working time under investigation. Besides, the institution of office hours regulated in the labour code and the proportions of working time to the work breaks. Also, it is worth paying attention to the issue of potential inclusion of conference, course participation or qualification advancement to working time. However, one of the most difficult issues in the labour code is the subject of business trips, especially working time in the business trip which should be regulated in the regulations of the labour code. Currently, the people dealing with the implementation of regulations concerning business trips must arbitrate problems related to the issue of working time in particular parts of the trips in question. It would be purposeful to incorporate the employer's obligation to use the rules from the 132nd and 133rd labour code article concerning the right to rest in the case of business trips. As a result of the amendment to the labour code from 14th November 2003, the legal definitions of the notions within the scope of working time were added to the 128th labour code article, i.e. definitions of shift work, the employee in charge of the institution on behalf of the employer, and definitions of day and night, and week. The legislator, implementing the resolutions of a 93/104 WE Directive from 23rd November 1993, concerning some of the aspects of the organization of working time, incorporated the resolutions of the directive in question to the labour code in a way arousing interpretative doubts. It was the case with, among others, the introduction of the notion of shift work and, thus, the enlargement of the admissibility of work on Sundays and holidays.

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