A new arbitration case clarifies when an employee can be categorised as a “self-organiser” and therefore not subject to the 48-hour rule.
Since the Working Time Registration Act was changed in 2024, many companies have been working to get a handle on time registration and the 48-hour rule for all their employees.
The law states that ”self-organisers” are exempt from the 48-hour rule. This means that employees who can plan and set their own working hours, or who have management and decision-making responsibilities, can be exempted from the 48-hour rule if working hours are not measured or set in advance.
But when is an employee Actually a “self-organiser” and therefore exempt from the rules?
An arbitration case from January 2025 provides important clarification and shows that the line is much narrower than many thought
Briefly about the case
The case was about a specialised consultant in the public sector, who the employer believed was a self-organiser and therefore not covered by the 48-hour rule. The consultant had great professional freedom, but was also subject to fixed meeting times, deadlines and ongoing coordination with colleagues.
The arbitral tribunal ruled that the employee not was a self-organiser. The reasoning was that the person Not being able to determine your own working hours in practice, and that the work was closely linked to regular meetings, collaboration and planning with others.
The employee was thus covered by the 48-hour rule, and the employer was therefore obliged to ensure that working hours were registered and complied with.
However, the judge ruled that there had been no breach of the 48-hour rule, as the interpretation of the state collective agreements showed that working hours should be calculated as an average over 12 months rather than the usual starting point of four months.
What does this mean for the understanding of “self-organiser”?
The decision confirms that the concept must to be interpreted restrictively, This means that only a few employees can actually be exempt:
- It requires significant autonomy in the organisation of both working hours and tasks.
- It's not enough to work from home, have flexible hours or a high level of responsibility.
- You need to make an concrete assessment for each individual employee - you can't categorise entire job groups as self-organisers.
In other words, a title like “specialised consultant” or “project manager” is not in itself enough to be exempt from the rules. Even for employees with a high degree of freedom, it's important to be able to document working hours, rest periods and any overruns. This protects both the company and the employee, especially if there is any doubt about overtime or rest periods.
An important reminder for both public and private employers
In order to use time tracking data optimally, you need to look at it more proactively - and not just when, for example, creating invoices or documenting hours for The new arbitration case highlights that although many employees today work flexibly with homeworking, project management and digital collaboration, this does not automatically mean that they can be considered self-organisers.
If an employee still has to deal with meeting times, reporting, coordination with colleagues or deadlines set by others, they are generally covered by working time rules, even if they work very independently.
Documentation will be key in the future
Another important lesson learnt from the arbitration case is that the employer bears the burden of proof. If an employee claims to have worked beyond the permitted working hours and the company cannot document the records, decisions are more likely to be in the employee's favour.
It is therefore not only a question of law, but also of risk management and data documentation. An effective time tracking system is a way to prevent conflicts and create transparency in everyday work.
At Intempus, we help companies every day to make time tracking easy, transparent and compliant with the Working Hours Act.
Give us a call at: +45 26390400 to learn more or book a no-obligation demo:
