The EU Labour Market Directive. It may sound boring and unimportant, but it's far from it. We give you an overview of the rules of the Working Time Directive so you can make sure you're compliant.
The EU Working Time Directive helps to ensure minimum standards for what European employees are entitled to - including the amount of working hours, breaks and holidays. the number of working hours, breaks and holidays. This means that all European countries are required to ensure at least these conditions for their employees - but several countries may have better conditions than what the EU Working Time Directive requires.
As an employer, it is therefore important to be familiar with the elements of the EU Working Time Directive. Because there can be consequences for the employer if the rules are violated. That's why you'll learn the most important rules from the EU Working Time Directive here.
The 11-hour rule
The 11-hour rule sets the framework for how much free time employees are entitled to in between work. It stipulates that employees are entitled to 11 hours off from the time they leave the workplace/end work until they return to work. However, this can be reduced to 8 hours in special cases. Read more about the 11-hour rule Here.
The 48-hour rule
The 48-hour rule regulates how much you can work in an average week. It states that an employee can work a maximum of 48 hours over a seven-day period averaged over a four-month period - including overtime. And if the rule is violated, it can have financial consequences for you as an employer. You can read more about both the financial consequences and the 48-hour rule in general Here.
Fridays off
The Working Time Directive also requires that employees are entitled to a minimum weekly rest period of 24 hours plus the daily 11-hour rest period.
This means that employees are entitled to at least one day off per week.
Breaks
The directive also makes it clear that an employee is entitled to a break when working time exceeds six hours. The length of the break is not specified, only that it must be of such a length that ”the purpose of the break is served”. For example, during a lunch break, the employee must have enough time to eat lunch.
In addition, the directive states that the employer is involved in deciding when the break should be scheduled. The law states that ”the break shall be organised in accordance with the normal rules for the organisation of working time at the workplace”.
Paid holiday
The directive also lays down rules for holidays. It states that all European employees are entitled to a minimum of four weeks paid holiday per year.
Night work
In relation to night work, the directive states that night work must be limited to an average of eight hours in any 24-hour period. In addition, employers must offer health checks to employees who work at night.
EU Court of Justice sets requirements for time recording
A ruling by the European Court of Justice in a case between a Spanish trade union and Deutsche Bank in May 2019 requires Member States to oblige employers to put in place an ”objective, reliable and accessible system making it possible to measure the length of each employee's daily working time”.
The European Court of Justice has ruled that member states must require employers to introduce a time registration system - and this may affect Danish employers in the future. Read more about the CJEU ruling her.
How do you ensure you comply with the EU Working Time Directive?
There's a lot to keep track of when you have to be aware of a multitude of regulations and each employee's working hours.
That's why it's important to get a full overview of who is on holiday, how many hours Ulla works and whether she has taken any holidays. To make this easier, you can get a time tracking system. This means you don't have to do your own little maths. At the same time, you can always digitally see the updated hours for all your employees, so you can keep an eye on your compliance at all times.
If you're curious about how a digital solution from Intempus can be customised to the needs of your business, try designing your own time tracking solution here:
You are also welcome to give us a call at: +45 26390400
