Time record of staff employed under activity-based and flexible working hours during business trips
The Labour Code fails to determine the manner of keeping the time record during business trips but the judicature of the Supreme Court managed to formulate some rules that are practically applied by the majority of employers. According to them the employee’s time record includes the time of performing the task that is the purpose of the business trip and the time of journey, but only the time that coincides with the working hours planned in the employee’s work time schedule for a given day. Unfortunately, the rules are inapplicable to staff employed under activity-based and flexible working hours since in both cases there are no specific (fixed) working hours.
The Ministry of Family, Labour and Social Policy clarified that issue with respect to the activity-based work time in its stand of 4 January 2017 and to the flexible work time in its stand of 30 November 2016.
Pursuant to the former, it is crucial to define whether the business trip has been included in the schedule of tasks for a given period or is an additional task. The Ministry makes the recognition of overtime conditional on that, namely if the business trip has been included into employee’s tasks, no overtime is done as its consequence, and if the trip is an additional task for the employee, the whole time spent on the trip should be recorded as employee’s hours of overtime. The Ministry states that the reference for the assessment in such a case is the actual possibility to perform the assigned tasks within the work time standard, i.e. 8 hours per day and 40 hours per week.
On the other hand, in its stand of 30 November 2016 the Ministry states that in the case of those working under flexible work time it is important whether the business trip started during the time agreed as the time of starting work (for instance between 7 am and 9 am) or earlier. In the second case, the journey before the first hour from the range is not included into the working hours that start to be recorded from the first hour from the range; on the other hand, in the second case the working hours start to be recorded from the actual time of setting out on the journey that is within the defined working hours during which the employee is supposed to start working.