Biznes Fakty
SN: work in excess of the Teachers' Charter norm is overtime within the meaning of the Labor Code
The Supreme Court determined on Wednesday that any work conducted by a teacher outside the conventional hours outlined in the Teachers’ Charter is considered overtime in accordance with the Labor Code. This ruling may impact the salaries of numerous teachers.
As per the Teachers’ Charter, a full-time teacher’s working time must not exceed 40 hours weekly.
Supreme Court Verdict
Last April, three judges from the Supreme Court posed a question to a panel of seven judges from the Labor Chamber regarding the applicability of the Labor Code’s overtime provisions to teachers governed by the Teachers’ Charter. The judges who initiated the inquiry were deliberating on a cassation appeal concerning a teacher who brought a lawsuit against a high school for working overtime. On Wednesday, the Supreme Court concluded that „work performed by a teacher beyond the standard working hours under art. 42. sec. 1 of the Teachers’ Charter (…) qualifies as overtime work under the Labor Code.” Supreme Court judge Piotr Prusinowski stressed in the rationale of the resolution that „compensation for exceeding the standard working hours, namely overtime, is a foundational principle in the Polish legal framework – if an individual works longer, Polish labor law stipulates that they are entitled to extra payment or to compensate for those hours with time off.” He acknowledged that the Labor Code allows for certain exceptions to this principle, especially concerning those in managerial positions – but „there is a specific provision for this,” while the act lacks a clear exception for teachers. – To argue the contrary, we would need to assume that the legislator implicitly suggested in the Teachers’ Charter that this principle should not apply – he highlighted. – Creating a scenario where someone works beyond what is stated in the provisions (…) means that when an individual exceeds this limit, i.e., goes beyond their contract, they must be compensated for their effort – remarked judge Prusinowski. The judge emphasized that „with respect to teachers, the legislator established only one norm – 40 hours weekly, and that’s it – without any ‘average,’ daily norms, or settlement periods”. According to judge Prusinowski, it is up to the legislator to decide whether they will aim to introduce „settlement periods for this weekly norm” for educators in the future. The second judge involved in the Supreme Court case, Bohdan Bieniek, also referenced this final point. – The unique nature of teachers’ work during fluctuating demand periods – we have holidays and breaks, but there are also critical periods like high school final exams – suggests that this may not be the end of the matter – assessed Bieniek. He added that the legislator should thus contemplate „how to structure these settlement periods”. The resolution was passed by an expanded panel of seven judges from the Labor and Social Security Chamber of the Supreme Court. One dissenting opinion was recorded regarding the resolution. The legal contention arose from the fact that the rules governing teachers’ working hours are encapsulated in the Teachers’ Charter, which states that a teacher may be mandated to work „overtime hours” for compensation, which relate to the teacher’s instructional load. However, the Teachers’ Charter does not address the concept of „overtime hours” – surpassing the weekly working time norm and sometimes not being related to teaching or educational duties.
„Excellent News”
– This is excellent news for educators, as employers frequently denied payment for overtime – Magdalena Kaszulanis, spokesperson for the Polish Teachers’ Union, stated to PAP. She pointed out that this issue arose, among other situations, concerning teachers’ involvement in school trips lasting several days. – Therefore, we are pleased that the case, which seems straightforward, that in instances of exceeding the 40-hour working time norm, a teacher also gains the right to additional payment for overtime work, has been clarified by the Supreme Court – she added. The chairman of the Free Trade Union „Forum-Oświata,” Sławomir Wittkowicz, emphasized that the Supreme Court’s ruling „validates what we, as unions, have contended for many years, that all official duties conducted beyond the 40-hour norm should be compensated additionally”. – Compensation is essential, without any manipulation from governing bodies – he added. He reminded that claims can date back three years. According to Wittkowicz, Wednesday’s Supreme Court resolution will play a significant role in discussions with the Minister of National Education regarding the organization of issues related to trips, outings, and various business travels.
The Teacher’s Case
The teacher who initiated the case that led to the legal question argued that as an English instructor in high school, she served as the coordinator for a foreign student exchange project, with four students from her high school participating in the program, who went on a three-month exchange to Italy. In her situation – as she stated in the lawsuit – the additional work involved, among other tasks, preparing students for the trip, arranging their travel to and from the host country, participating in training for schools involved in the program, acting as a liaison between the sending and receiving schools, and maintaining regular communication with teachers from the host institution. The courts in both instances partially upheld her lawsuit, awarding her over PLN 18,500 in overtime compensation with interest. In relation to this issue, it is also noted that teachers work overtime that exceeds the standard of 40 hours weekly, not only while implementing educational initiatives but also, for instance, when organizing and participating in school trips or so-called green schools.
