The 1993 European WTD is a very important achievement at EU level, setting minimum health and safety requirements. It sets minimum daily and weekly rest periods, annual leave, breaks, maximum weekly working time of 48 hours, night work, shift work and work patterns. Their minimum requirements are binding on all EU Member States and prevent employers from gaining a competitive advantage by putting pressure on workers to accept long and irregular working hours. The Commission significantly weakens the MOU`s proposals by simply requiring the employer to inform the worker in a timely manner of substantial changes in its working time structure and by encouraging only employers to consider requests to change their working time. Workers can choose the elements of working time arrangements that they refuse, with the exception of the right to annual leave. Download our model for word-based labour agreement. Employers need an employment agreement that sets the agreement between the employer and the workers on working hours, such as night and rest periods. It helps to structure the agreement between the employer and the employee. The 48-hour limit applies to all hours regardless of the number of employers involved. As a result, some employers require employees to report secondary jobs to see if they need to reduce their working hours in order to meet the 48-hour limit. The existing maximum reference period for calculating the average maximum weekly working time of 48 hours is four months. It can be extended for up to 12 months, but only by collective agreement.
Work is considered a particular hazard or a serious or psychological burden when identified in a collective agreement that takes into account the specific effects and dangers of night work. Alternatively, if it is recognized as a significant risk to the health and safety of workers in a risk assessment. You should publish your company`s employment contract in writing and make it available to all employees. It applies to either all employees or employees of a particular group. Q.11 My employer has stated that some employees are “special case” employees. Can he do so without his consent? If your employee is over the age of 18, you can ask them to work more than 48 hours a week and opt out of the work schedule. The current pressure on workers to accept greater flexibility in their working hours must be accompanied by “flexibility rights” for workers, as proposed by the European Parliament at first reading. This is all the more necessary if the revision of the WTD is implemented in the Member States and new provisions of the directive, for example with regard to on-call time and annual working time, will allow for more irregular and unpredictable working hours. Maintaining the individual opt-out, where employers may agree with individual workers not to apply a maximum working time; The definition of so-called inactive elements of on-call time as not dependent on working time, even if the worker must be available in the workplace; Extending the reference period for the census of the average maximum working time from 48 hours from four to twelve months, without appropriate guarantees. A night worker is someone who regularly works at least three hours at night. To this end, at least one third of the annual working time is used regularly.