time and provision of work reduced

working time

• period an employee msut perform duties under employer control

• includes ordinary hours, overtime,complimentary hours, and interruptions for rest/health

• employee is at employers disposal and cannot freely use their time

• max 40 hours per week full time

• can be distirbued fleixbly (employee decides) or irregulars (employer adjusts)

• temporary reduction= child care; permanent reduction=part time

• broken shifts= split work day with large break; unbroken=split work day with small break

• intensive shift=contnuous shorter working day with no break

• hours must be recorderded

night work

• 10-6 am 

• 1/3rd total hours worked=nightworker

• reimbursed with salary supplement or equivalent rest

• no under 18s

• overtime progibited unless force majeur

effective working time

• time when worker performs duty under employer control

  • no freedom to use time=effective working time

• work,training, security checks, on sight presence

• on call

  • physical presence or fixed resonce time=effective

  • phone availability= effective only during call

rest period

• daily rest= +6 hours worked= 15 mins unpaid

• inter daily= 12 hours between shifts

• interweekly= 1.5 uninterruted days off (2 for under 18s)

• if rest day worked= equivalent paid rest day but 4 month time limit

flexibility mechanisms

1. by law- right to adapt hours (family care)

2. by collective agreement (may define alternative/flex systems)

3. company opt outs- for tech,economic and productive needs 

4. susbtantial modifications- employer may modify schedules with safeguards

5. unilateral employee agreement

special work days

• special rules in certain sector for safety or occupational reasons

  • agriculutre- seasonal and weather

  • commercial hospitality-demands

  • mining and undergorund-health and safety

  • occupational health- medical reasons

  • transport

  • weather dependant roles

  • childcare and security

overtime 

• hours beyond ordinary work day

• needs worker consent

• normal=work over the 40 hour limit per week/day

• force majeur= doesnt go towards overtime, unforseen out of control emergencies eg storms osiptal intake

• structural= businesses operational needs= supply and demand 

• 80 hours annually excluding force majeur

holidays

• 14 public holidays a year= if worked equivalent rest period needs taking 4 months

• 30 annual leave holidays per full year worked

  • reduced prorportionately if full year not worked

  • paid leave, maternity, caring, strikes= working days

  • suspension, excessive absence, unpaid leave= not working days

• 50% employer discretion when scheudling (eg black out periods); 50% employee choice (agreement based)

• illnes during holidays= recover holidays within 4 months

• collective agreement alterations can increase holidays but if illness occurs cannot recover these days

paid leave (short term)

• absence woth pay for family civic or health reasons

• must start on a week day

• proof required-certification 

• collective agreements can improve but not reduce rights

• weekends and rest days included

  • marriage 15 days

  • death or illness of loved ones -5days 

  • care giving= 5 days

  • moving house- 1 days 

  • jury or civic duties= as long as necessary

  • prenatal scans= when needed

reduced hours for family/personal reasons (long term)

• right to reduce hours for family personal reasons

• reduction in pay equivalent to reduction in hours

  • birth/adoption- 1 hour a day reduction allowed until 9 months

  • premature birth or hsopitalsiation of child- 2 hours

  • care of sick minors - o.5 hours

  • care of helpless relatives-0.5 hours

  • gender violence/terror victims- flexible unlimited adjustments

key case paid leave and home rest

does hospitaldischarge end the 5 day paid leave?

1. literal: illness, hospitalisation or home rest= seperate triggers= home rest extends leave

2. systematic: et gives minimum protection= collective agreement cannot reduce it

3. teleological: purpose= to allow care; recovery contnues at home

4. gender: restricting leae deepends inequality as mostly women care give

• therefore discharge doesnt end leave if home rest is ordered

• confirms broad protective interpretation