Hours of rest

Under the Working Time Act, employees must be given an uninterrupted rest period of at least 11 hours in the 24 hours following the start of each shift. If the work is organised as periodic work, i.e. previous periodic work, the employee must be given an uninterrupted rest period of at least nine hours in the 24 hours following the start of each shift.

The daily rest period may be reduced in the case of flexible working hours when the worker decides when to come to work and when to leave. However, the daily rest period must be at least seven hours.

Such unambiguous provisions on the daily rest period are more effective in limiting overtime than ceilings on maximum overtime. Giving a staff member an 11-hour daily rest period means that a staff member who works 8 hours of regular working time can work up to 4,5 hours of overtime per day, because the working day is extended by a meal break of at least 30 minutes.

If the reasonable organisation of work so requires, the employer and the shop steward or other staff representative may agree to a temporary reduction in the daily rest period, with the agreement of the staff member.

The law allows for temporary derogations from rest periods, up to a maximum of three consecutive daily rest periods at any one time:

• where the staff member's shift changes
• where the work is carried out for several periods in a day
• where the staff member's place of work and place of residence or different places of work are far apart
• in the case of seasonal work to deal with unforeseeable peak periods
• in the event of an accident or risk of accident
• security and guarding work requiring presence for the protection of property or persons, or
• work necessary to ensure the continuity of operations.

In the latter cases, however, the daily rest period must be at least five hours. Staff members shall be granted compensatory rest periods for reduced daily rest as soon as possible and within one month at the latest. This will normally be achieved automatically once regular working hours are resumed.

The Working Time Act allows for derogations from the provisions on weekly rest periods:

• when a staff member is needed for emergency work
• where the staff member's normal working hours per day do not exceed 3 hours,
• where the technical nature of the work does not permit some staff members to be released from work completely, or
• where the staff member is required temporarily to work during his weekly rest period in order to maintain the regular flow of work in the undertaking.
• Weekly time off may also be arranged for an average of 35 hours over a period of 14 days in accordance with the average working time system. However, the minimum weekly rest period must be 24 hours.

As a general rule, Sunday midweek must be set aside as a rest period. Exceptions to the weekly rest period may be made with the staff member's agreement. Such a derogation shall not mean that the staff member is deprived of all weekly rest. The weekly rest period shall be a single period of leave. It may not be interrupted by, for example, a few hours' work.

When a staff member works during his weekly rest period, he must be paid an allowance of:

1. Equivalent time off within the following three calendar months at the latest (some Pro collective agreements stipulate that the time off must be taken within one month), or
2. If the staff member agrees, a cash payment equivalent to the basic salary for the hours 'in breach' of the weekly rest period (plus the salary for the hours worked and any overtime and Sunday increments)