This article presents doubts as to the compliance with the Constitution of the Republic of Poland and the European Social Charter of the provisions of the Foreign Service Act, which provide that if required by the needs of the foreign service, a member of the foreign service performs work outside normal working hours, and in justified cases also on Sundays and public holidays, without the right to separate remuneration and the right to free time in exchange for working time. For this purpose, the current regulations
and the existing case law of the Constitutional Tribunal relating to the working time of a member of the foreign service were analysed. The final part calls for a revision of the rules on foreign service in order to bring the remuneration system of this category of workers into line with European standards resulting from the European Social Charter.