The decision takes precedence over all other national laws of each EU Member State, regardless of what previously existed. According to the decision, the situation in the EU is similar to that in the United States, where all companies are required to follow the time necessary to comply with the RSA. In addition, accurate time tracking brings many other benefits for both parties: employees can easily assert their rights, while employers can track the actual time spent completing a task, which forms the basis for calculating productivity or efficiency. Similar provisions exist in Belgium, where working time legislation and rules adopted by the NCBA should be taken into account when hiring workers. The general legal framework requires Belgian workers to work according to their working hours, which are in principle limited to eight hours a day and 38 hours a week. Night work between 8 p.m. and .m 6 a.m.m morning or work on Sundays or public holidays is generally prohibited in Belgium. Too many working hours and insufficient rest periods have been shown to lead to burnout, depression, illness and toxic stress. Recently, questions have been raised about the definition of working time after the Court of Justice of the European Union (CJEU) ruled that on-call service in the workplace is working time. Some Member States have refused to execute these judgments and have used them as a pretext to apply the opt-out, in particular to doctors in hospitals and to on-call workers in other professions and sectors, such as firefighters .B.
This means that every employer in the EU must record the time and presence of their employees, meet the minimum standards set out in the EU Directive and, of course, comply with the national legislation implemented on the basis of the Directive. In Belgium, a legal basis for the granting of overtime is required, such as. B an extraordinary increase in workload, a situation of force majeure (i.e. unforeseeable circumstances) or the employee`s express prior consent (also known as “voluntary overtime”), which generally allows work of up to a maximum of 11 hours per day and 50 hours per week. The weekly working time is limited by laws, regulations and administrative provisions or by collective agreements or agreements between the social partners. The average working time for each seven-day period, including overtime, shall not exceed 48 hours. Article 6 of the Working Time Directive. Exceptions to certain working time obligations are possible where permitted by national law. Now let`s look at the main elements of the European Working Time Directive and its regulations, with an example of implementation at national level (in our case in Slovenia, where our headquarters are located). Member States must ensure that workers actually enjoy these rights by `.
an objective, reliable and accessible system that makes it possible to measure the duration of each worker`s daily working time… »; the CJEU said in the statement. In addition, inspectors report retail employers who tend to ask their employees to register their arrival when they actually start working, even if they arrive earlier to prepare for work (e.B. to change clothes, etc.). This time is not recorded as working time. The regulation of working time is fundamental to our society and is at the heart of social Europe. The protection of the health and safety of workers and third parties, such as patients of doctors or other road users, and the possibility for workers to educate their families are crucial for the interests of workers, societies and the economy. On 1 January 2021, when the UK officially left the European Union, they were given the power to make changes to labour law, including the Working Time Directive (WTD). The EU Working Time Directive prescribes protective minimum and maximum values for the employee`s working week, break times, paid holidays and more. If there is no NCBA, overtime is only allowed through individual agreements between the employer and the employee and for a maximum period of 250 hours per year. Derogations relating to a specific category of workers or to a sector may be derogated by Member States from the rules on maximum weekly working time, minimum daily rest period, breaks, minimum weekly rest and night working time. The minimum daily and weekly rest periods may be postponed in whole or in part, but only on condition that the missed rest periods are fully compensated thereafter. However, the Directive does not specify the time limit within which this must be done.
Compensatory rest periods may be granted only within a reasonable period to be determined by national law or by a collective agreement concluded between the social partners or an agreement concluded between the social partners. If your employees work more than 6 hours a day, you must ensure that they have a break, the duration of which is set out in collective agreements or national legislation. The Working Time Directive (WTD) is an EU piece of legislation that obliges EU member states to guarantee certain rights to workers. It sets out requirements for working hours, breaks and annual leave in order to promote the health and safety of workers. According to the WTD, employers are required to set up an objective, reliable and accessible system to measure the length of daily working time worked by each employee. In addition, the highest court in the European Union ruled (in May 2019) that all employers must track the time and attendance of their employees. The EU Treaties stipulate that a social policy must be developed to improve the living and working conditions of European workers and citizens. This provision is incompatible with proposals to weaken existing standards […].