Daily Archives: 16. April 2021

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Working Time Agreement Eu

On-call time is divided into „active“ and „inactive“ periods: three recent ECJ judgments at SIMAP, Jaeger and Pfeiffer have confirmed that „on-call time“ – if the worker is to be available in the workplace – should be defined as working time, in accordance with the provisions of the directive. When you employ staff, you need to know the basic rules on working time and guarantee the minimum standards set by eu directives. They must follow the rules on minimum daily and weekly rest periods, breaks, night work, annual leave and maximum weekly working time. In Denmark, the usual schedules are not prescribed by law. However, the EU directive prohibits workers from working more than 48 hours per week (including overtime) calculated over a four-month reference period. More specific working time provisions generally arise from a collective agreement or individual custom contracts. These provisions must be in line with the Working Time Directive; The 48-hour rule cannot therefore be avoided. 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. – ignores the conditions of the MOU and refers only to the obligation in the Health and Safety Directive to consult with workers and their representatives when the employer believes that the new working time model seriously harms the health and safety of workers. We can assume that, in most cases, employers expect that there will be no significant impact.

For many workers, longer, more irregular and unpredictable working hours without the protection of collective bargaining or other guarantees are likely to be unilaterally terminated to longer, irregular and unpredictable working hours. They may be forced to do everything up to 78 (and in some cases even 85!) hours per week working over periods of weeks or even months without adequate rest. This could have a serious impact on their health and safety and, once again, undermine any expectation of reconciling work and family life. 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. It cannot be signed at the time of signing an employment contract or within 4 weeks; For workers who have not chosen the 48 hours, there will be a new 60-hour limit (calculated on average over three months) or 65 hours for on-call workers. However, these conditions do not apply to workers on seasonal or fixed-term contracts who work less than 10 weeks per year for the same employer. 1.25. In its communication, the Commission broadens the scope of the review of the directive to the consequences of the judgments of the European Court of Justice in the SiMAP and Jaeger cases relating to the interpretation of the directive. In SiMAP 2000, the Court defined on-call time in a hospital or other workplace as working time, even though the worker slept part of that period of custody. [12] Jaeger 2003 requires that compensatory rest be applied immediately and not within a reasonable period of time if the 11 hours of rest provided by law have been temporarily interrupted by an emergency.

[13] As the BMA told us, this means that a doctor called to the