Article

Labour code (113, 114, 115, 116)

Description

According to the Labour code, apart from fixed working time, the employer can establish the following flexible working time arrangements (article 113):

1. annualised hours – standard working hours for the entire reference period are fulfilled during the reference period;
2. flexible work schedule – requirement for the employee to be present at the workplace for certain hours of the workday and flexibility for the remaining hours;
3. split shift working time arrangements – work is done on the same day/shift with a longer break to rest and eat than the established maximum length of breaks to rest and eat;
4. individualised working time arrangements.

The Labour code stipulates as well that flexible working time arrangements may not violate the maximum working time limits, as mentioned below (article 114):

1. average working time, including overtime but excluding work done according to an agreement on additional work, may not exceed 48 hours per week;
2. working time, including overtime and work done according to an agreement on additional work, may not exceed 12 hours per workday/shift and 60 hours per week;
3. the law on safety and health at work includes specific provisions on working time arrangements for night workers, minors and employees who are pregnant, who recently gave birth or who are breast feeding;
4. working time cannot extend for more than six days over seven consecutive days.

In the case of annualised hours, work/shift schedules must be drawn up in such a way that they do not violate the maximum working time of 52 hours per week (article 115).

Where a flexible work schedule is in place (for all or just a few days of the working week), the beginning and the end of the workday is set by the employee according to the following rules. The employer establishes the fixed hours of the workday during which the employee must work at the workplace. This working time may only be changed upon notifying the employee at least two working days in advance. The flexible hours of the workday can be carried out at the discretion of the employee, before or after the fixed schedule. With the employer’s consent, any flexible hours of the workday that were not carried out may be transferred to another working day, provided that the maximum working time and minimum rest period requirements are not infringed upon (article 116).

Amendments of Labour Code have been introduced (Article 113) by Law No XIV-1189 which came into force since 1 August, 2022 by making it mandatory that an employer must comply with a request to work at the working time preferred by the worker when requested by: - a pregnant or recently delivered employee, - an employee who is breastfeeding or has recently given birth, an employee with a child under eight years of age and - an employee who is a single parent with a child under fourteen or a disabled child under eighteen years, - a worker who, at his/her request, submits a request based on a medical opinion on his state of health or on the need to care for a member of his family or for a person living with him Provided that this does not involve excessive costs for the employer on grounds of industrial necessity or the particularities of the organisation of the work (par 1, Article 113);

Law No XIV-1189 clearly and strictly stipulates that workers must work at the times set out in their work/shift schedules, which specify the starting and ending times and days of work (par 4, Article 113 of the Laboru Code valid since 1st of August, 2022).

Commentary

Article 51 of the labour code specifies that changes affecting the ownership of a company - changes in subordination, shareholder or name; merger; subdivision; division or merger of an employer into another company, institution or organization; or restructuring do not alter the terms of employment for employees, including working time arrangements.

Additional metadata

Cost covered by

Employee Employer

Involved actors other than national government

Trade union Works council Employer organisation

Involvement (others)

None

Thresholds

Affected employees: No, applicable in all circumstances
Company size: No, applicable in all circumstances
Additional information: No, applicable in all circumstances

Sources

• Labour code No XII-2603
• Amendments to Article 113 of the Labour Code by Law No XIV-1189 of 28 June 2022