WORKING HOURS

WORKING HOURS ACT Certain work is excluded from the scope of the Working hours act (WHA), e.g. Work which must be considered management of an undertaking or independent work directly comparable to such management CEO and his direct subordinates Work performed in conditions where it is not the duty of the employer to monitor working time Work performed outside the workplace Employee organizes his working time himself Employee often also dtermines the place of work

WHAT IS WORKING TIME The time spent on work and the time an employee is required to be present at a place of work at the employer’s disposal (TAL 4§) Working hours do not include Time spent on traveling Time spent on training Sick leave Social occasions Time spent on shop steward’s tasks Daily rest, lunch hours Stand-by time Employer may still have duty to pay remuneration

REGULAR WORKING HOURS Main rule: 8 h / day 40 h / week Employer can also arrange regular weekly working hours in such a way that the average is 40 h over a period of max 52 weeks Possible to have 6 working days a week Daily regular hours may not exceed 8 Subject to the collective agreement, employer and employee can agree to extend the daily regular working hours by one hour Regular working hours must adjust to 40 within 4 weeks and Weekly working hours may not exceed 45

PERIOD BASED WORK Possible only in certain industries listed by law Police, hospitals, guard work, customs, hotels etc. Regular daily working hours are not limited Max 120 h / 3 weeks or 80 h / 2 weeks Possible also to arrange the working hours for two consecutive three-week or three consecutive two- week periods (max 240h)

REGULAR WORKING HOURS BASED ON COLLECTIVE AGREEMENT Nation wide labour market organisations can agree on derogations from the WHA Regular working hours based on collective agreements shall not exceed an average of 40 h a week in a period to be determined, max 52 weeks No upper limit to regular daily working hours Within the limits set by the collective agreement, the employee and employer can bargain locally on working time arrangements

DEROGATIONS FROM WHA District administration office gives excemptions to regular working hours for specific industries E.g. firemen Working hours of employees under 18 are limited by a specific act

FLEXIBLE WORKING HOURS WHA allows the regular working hours be arranged so that the daily working time consists of a fixed working time and a flexible period Must be determined The number of fixed hours Daily limits of the flexible period (max 3 h) Timing of daily rest periods Max amount of hours exceeding or falling short of the regular working hours (max 40 h)

ADDITIONAL WORK Work exceeding the agreed working hours but not exceeding the regular working hours Presupposes employer’s initiative and agreement by the employee Areement can be given in the employment contract Tacit agreement is possible Compensation: normal pay

OVERTIME WORK Work exceeding the regular working hours Presupposes employer’s initiative Employee’s consent is needed every time Maximum overtime hours allowed: 138 h / 4 months 250 h / year + 80 h by agreement between the employer and the representatives of the employees Lower limits for employees under 18 No overtime work allowed for employees under 15

COMPENSATION FOR OVERTIME WORK Daily overtime 2 first hours: 50% higher remuneration Further hours: 100% higher remuneration Weekly overtime 50% higher remuneration Period-based work 2 week period: 50% higher remuneration until 12 overtime hours 3 week period: 50% higher remuneration until 18 overtime hours Remuneration can be exchanged for relevant free time The free time must be given within 6 months, unless otherwise agreed

EMERGENCY WORK The reason must be an unexpected event that interrupts or seriously threatens to interrupt regular operations or to put health or property at risk Emergency work is not included in the overtime hours when counting their maximum limits Possible to deviate from the rules of rest periods Compensation as for any work Not allowed for employees under 15 Labour protection authority must be informed

NIGHT WORK Work between 23-06 o’clock Possible only subject to WHA and collective agreements Labour protection authorities must be informed of regular night work By virtue of law, regular remuneration can be paid

SUNDAY WORK Work on Sunday or church holiday Allowed only If the work concerned is regularly carried out on Sundays / church holidays due to its nature With the separate consent of the employee Compensation: twice the regular pay Same compensation for work of Independence Day or Labour Day

DAILY REST PERIODS Employee is allowed to leave the working place for the time of the rest For a work shift over 6 hours At least 1 hour rest, 30 min if agreed on For a work shift over 10 hours Rest of max 30 min Employee may choose not to take the rest Excemptions possible in period and shift work Different provisions for young employees

DAILY REST PERIOD During the 24 hours following the beginning of a work shift, at least 11 hours rest period Excemptions by the District Administation Office Excemptions also in WHA 29§ E.g. shift work, seasonal work Stand-by time can be scheduled on a daily rest period Daily rest periods must be taken into account when preparing a work shift schedule

WEEKLY REST PERIOD Once a week at least 35 hours’ uninterrupted rest period For employees under 18, at least 38 hours Weekly rest period must preferably be around Sunday Excemptions, if necessary to upkeep the regular operations of the undertaking

DOKUMENTATION OF WORKING HOURS Working hours adjustment system Dokumentation must be Prepared in advance Must show when the working hours are adusted to the required amount Roster Must be prepared for the same period as the adjustment system Must be given to the employees at least a week before the period Must indecate Starting and ending of the regular working hours Daily rest periods

WORKING HOURS REGISTER Must indicate All hours worked Separately overtime, emergency and Sunday working hours Compensation paid Employer must keep for 2 years after the lawful remunerations have been paid Infringement=> fines or inprisonment for max 6 months (CA 47:2) On request, the Labour protections authorities must be provided with a copy of the register