You are six hours into a busy shift at a restaurant. You have been on your feet all day and have not eaten since
breakfast. You ask your manager if you can take your break, but they tell you: “Not now. We’re too busy.” An hour
passes, then another. Eventually, your shift ends without you getting a proper break at all. If this happens
regularly, you may start to assume that this is simply part of working in a busy restaurant, shop or warehouse. But
if you work under an umowa o pracę in Poland, the Labour Code gives you specific rights to breaks during the
working day.


If your daily working time is at least six hours, you are entitled to a break of at least 15 minutes. If you work more
than nine hours, you are entitled to an additional break of at least 15 minutes. If your working day is longer than
16 hours, you are entitled to another break of at least 15 minutes. These statutory breaks count as working time.
In other words, your employer cannot simply add 15 minutes to the end of your shift because you used the break
to which you were legally entitled. Depending on the type of work you perform and your individual circumstances,
additional rules on breaks may also apply.


This does not mean that employees can always decide for themselves exactly when to stop working. Your
employer has the right to organize the workplace and determine when breaks should take place. In a restaurant,
for example, it may be unreasonable for several employees to take their breaks at the same time during the
busiest part of the lunch service. A manager can arrange breaks so that enough people remain available to serve
customers. However, there is an important difference between telling you to take your break slightly later and
repeatedly postponing it until your shift is over.


“We’re too busy right now” may sometimes be a reasonable explanation for delaying a break. It should not
become a permanent excuse for denying one altogether. If every shift ends with the same explanation — too many
customers, not enough staff or someone called in sick — the problem may be the way the workplace is being
organized. A business cannot simply rely on employees continuously giving up their breaks to compensate for
inadequate staffing.


A break should also actually function as a break. Imagine that your manager tells you: “You can eat something, but
stay behind the counter in case a customer comes.” You start eating, but two minutes later you have to serve
someone. Then the phone rings. Then you are asked to clean a table or help a colleague. You may technically have
been allowed to eat, but you have not really been able to stop working. Young workers in hospitality, retail and
similar jobs can easily become accustomed to eating while standing, constantly watching the shop floor or
remaining available to their manager throughout a supposed “break.” You should not automatically assume that
this is how a proper break is supposed to work.


Your type of contract is important here. The Labour Code rules described above apply to employees, particularly
people working under an umowa o pracę. If you work under an umowa zlecenie or through a B2B arrangement,
the statutory employee break rules do not apply in exactly the same way. Your rights will depend more heavily on
your contract and on the real nature of your working relationship. This is another reason why it is important to
know what type of agreement you have actually signed rather than simply assuming that everyone working in the
same workplace has identical rights.


If you regularly work long shifts without receiving the breaks to which you are entitled, start keeping records. Note
the dates and hours you worked and whether you were able to take a break. Keep copies or screenshots of your schedules and relevant messages, particularly if a manager repeatedly tells you that you cannot take one. You can also raise the issue directly by asking something simple and specific: “I have been working for six hours. When can I take my break?” This makes the issue clear while recognizing that the employer can still organize when the break takes place.


If the problem continues, you can seek advice from a trade union, labour rights organisation or Poland’s National
Labour Inspectorate (Państwowa Inspekcja Pracy – PIP). You do not have to assume that missing breaks every day
is simply the price of working in a busy workplace.


A busy shift can affect when you take your break. It should not mean that you lose the break altogether. Serving
customers, meeting deadlines and dealing with staff shortages are part of running a workplace. Making sure
employees receive the breaks required by law is part of running one too.