Article
Articles 60, 60a, 61 (1), 65 (3), 66 (1, 5, 6, 7, 8, 9, 10), 67 (1, 3, 4, 5)
Description
Overtime, organization and rescheduling of working time
Article 60 establishes that a normal working week consists of 40 hours, which may be evenly or unevenly distributed. In the latter case, working time can be either longer or shorter than 8 hours per day. The arrangements are defined by individual employment contracts, agreements between the works council and the employer, collective bargaining and laws.
The working hours schedule is defined by additional Article 60.a
(1) The working time schedule is the schedule of the duration of the worker's work, which determines the days and hours when work begins and ends on those days.
(2) The working time schedule may be equal or unequal, depending on whether the duration of work is equally or unequally distributed over days, weeks or months.
(3) The working time schedule is determined by a regulation, a collective agreement, an agreement concluded between the works council and the employer, a work regulation or a work contract.
(4) If the working time schedule is not determined in the manner referred to in paragraph 3 of this article, the employer decides on the working time schedule by a written decision.
(5) The employer must, at least one week in advance, inform the worker about his schedule or a change in his working time schedule, which must contain information in accordance with paragraphs 1 and 2 of this article.
(6) As an exception to paragraph 5 of this article, when, in the event of an urgent need for an employee to work, it is necessary to change the working time schedule, the employer is obliged to inform the employee about such a working time schedule or about its change within a reasonable time, before the start of the work. .
(7) Urgent need, in the sense of this Act, means those circumstances which the employer could not foresee or avoid, and which make a change in the worker's working time schedule necessary.
(8) During the use of the right to vacations and leave prescribed by the provisions of this Act, the employee and the employer must consider the balance between private and business life and the principle of unavailability in professional communication, unless it is an urgent need, i.e. when, due to the nature of the work, communication with it cannot not interfere with the worker or when the collective agreement or employment contract has agreed otherwise.
Articles 65 and 66 limits overtime work on a weekly and annual basis. If a worker works overtime, the total duration of the worker's work must not exceed 50 hours per week. As the full-time weekly working time in Croatia is 40 hours (daily breaks are included), a worker with a contracted full-time work can work a maximum of 10 hours overtime in a week, while a worker with a contracted part-time work of 20 hours per week is able to work also 50 hours a week, but 20 hours will be his or her regular working hours and 30 hours will be overtime. Exceptions to the maximum 50-hour working week are prescribed only in the case of unequal distribution and redistribution of working hours, and only with the fulfilment of certain conditions prescribed in Art. 66, paragraphs 7 to 10 and 67, paragraph 5. At the annual level, the overtime work of an individual worker may not last longer than 180 hours, unless agreed in a collective agreement, in which case it may not last longer than 250 hours per year. The Labor Act does not provide for any exceptions to this restriction, which means that no worker may work longer than stated.