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Issue: According to the position of the Ministry of Family, Labour and Social Policy of 22 September 2020, employers may apply a lump-sum payment for overtime of remote workers. This means that an employer can agree with an employee on a fixed monthly payment for potential overtime hours. In such a case, the employer does not have to register the employee’s actual working hours on particular days.
Legal risks: In the case of remote work, employers are less able to control the intensity of work and the hours of work. This can lead to unexpected employees’ claims for payment for overtime. The use of a lump-sum payment for overtime may be one of the solutions limiting the risk of such claims.
Recommended actions: Verify if working time of remote employees is registered properly and if any overtime work occurs. Analyze the possibility of applying a lump-sum payment for overtime of remote employees.
Click here to access the Polish version: HR Alert Polska | Grudzień 2020