1. WORKING HOURS

2. 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

3. 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

4. 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

5. 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)

6. 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

7. 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

8. 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)

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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