The article presents an analysis of right to compensation for overtime in the civil service in polish law, especially under the European Social Charter. In Poland some civil servants are only entitled to time off equal to the number of overtime hours and not, as the European Committee on Social Rights has stated, to increased remuneration or additional time off in return for additional work. It is important especially in view of the motion to the Constitutional Tribunal to declare Art. 97 §§ 6–8 of the Act on Civil Service to be inconsistent with the European Social Charter. The article contains an analysis of legal regulations in the context of court rulings and literature.