Summarized working hours

Summarized calculation of working hours

Legal opinion – Summarized working hours/calculation of working hours

Some employers decide to use summarized working hours, instead of normal (working hours stipulated in-advance in the individual working agreement) working hours. This possibility was created for business like factories where the manufacturing process requires constant presence of employees (or a gas station). Ever more often such a method for calculation of the working hours is used by IT or other companies.

The introduction of such method for calculation is related with a number of requirements and internal acts of the employer, which if overlooked might lead to accrual of penalties in the event of an inspection by the labor inspection.

 

The positive side of such a calculation of the working hours is, as stated above, that it allows the employer to have a constantly present working force. The negative is that significant effort must be allocated to the calculation of the actual working hour of each individual worker.  Not only that but the employer needs to issue an order for initiation of such. 

 

Further individual schedules must be approved in the beginning of each month for each individual worker/employee. Each employee mush confirm in some manner that he/she has been duly notified for the introduction of the method and his/hers individual schedule, as well, for each separate instance.

 

The above requirements create a certain administrative weight on the employer that must not be overlooked. The drafting of the documents themselves requires a certain legal expertise, which if not present might lead to their in proper use and subsequently to penalties in the event of inspection.

 

In view of the above it is highly recommend to aproach the introduction of summarized calculation of the working hour with care and attention.

 

Legal framework: 

Labor codexOrdinance for the working hour, vacations and rest

 

Last legislation amendment related to the above subject:  30 September 2022

 

Additional information can be found on our designated page for Labor law.

 

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