Monitor Prawa Pracy

no. 3/2025

Legal qualification of preparatory actions in the context of the concept of working time

DOI: 10.32027/MOPR.25.3.2
Magdalena Rycak
Uczelnia Łazarskiego w Warszawie
Abstract

The purpose of the present article is to analyze the admissibility and legitimacy of including preparatory actions performed by workers directly before starting and after finishing work to working time. For years, the problem has been arousing controversy both in the doctrine of labor law and in the practice of applying regulations, for it only concerns the concept of working time withing the meaning of Article 128 § 1 of the Labor Code, and in the light of EU law, specifically Directive 2003/88/EEC of the European Parliament and of the Council of 4 November 2003 on certain aspects of organization of working time.

Keywords
working time, preparatory actions, overtime work, readiness to work, availability to the employer, shift work, organization of working time, working time schedule