Breaks at work – Labor Code
Breaks at work, included in working hours, are regulated by art. 134 of the Labor Code.. By providing the code, we learned that: work break lasts 15 minutes. The number of breaks during the working day depends on the daily working time applicable on a given day. The rule is that working at least 6 hours entitles you to one break, working more than 9 hours entitles you to two breaks and working more than 16 hours entitles you to three breaks.
Daily working time |
Breaks at work |
at least 6 hours |
15 minutes |
more than 9 hours |
2 x 15 minutes |
more than 16 hours |
3 x 15 minutes |
All work breaks must be taken during work. They cannot be accumulated and, for example, arrive late to work or leave early.
It is worth noting here that the employer is obliged to grant employees time off from work. Failure to do so violates the provisions on working time, which constitutes an infringement of employees’ rights (Article 281, paragraph 1, point 5 of the Labor Code), punishable by a fine ranging from PLN 1,000 to PLN 30,000.
A 60-minute work break?
Furthermore The Labour Code provides for the possibility for the employer to introduce a break in work of up to 60 minutes, but this break will not be included in working time (Article 141 of the Labour Code). This means that the employee who uses it will not receive remuneration for work during this period. This break is scheduled for the purpose of having a meal or taking care of personal matters. How can such a break be established? It is introduced in a collective bargaining agreement or in a work regulation or in an employment contract if the employer is not covered by a collective bargaining agreement or is not obliged to establish work regulations.
Work breaks – person with disability
Under the Law of 27 August 1997 on the professional and social rehabilitation and employment of people with disabilities, people with disabilities have the right to additional break from work. Breaks also for employees with disabilities It’s 15 minutes. This time should be dedicated to exercise and rest. It is an additional break, which means that you are entitled to it in addition to the breaks provided for in the Labor Code.
Break from computer work
Labor laws also provide for additional breaks for employees working on screen monitors. After each hour of work, this person must take a 5-minute break included in the working hours. Therefore, if the daily workday is 8 hours and a break is required after each hour of work, the employee can actually take 7 such breaks.
Regulation of the Minister of Labour and Social Policy of 1 December 1998 on occupational health and safety in positions equipped with screen monitors:
§ 7.[Obowiązki pracodawcy] The employer is obliged to provide employees with:
1) alternation of work related to the operation of a screen monitor with other types of work that do not overload the vision and are performed in other body positions – not exceeding one hour of uninterrupted work while operating a screen monitor or
2) at least one 5-minute break, included in working hours, after each hour of work while operating a screen monitor.
Legal basis
Law of June 26, 1974, Labor Code (Official Gazette of 2023, item 1465)
Law of 27 August 1997 on vocational and social rehabilitation and employment of persons with disabilities (Official Gazette 2024, item 44)
Regulation of the Minister of Labor and Social Policy of December 1, 1998 on occupational health and safety in positions equipped with screen monitors (Official Gazette of 1998, No. 148, item 973)