Maximum weekly working timenile.lub.lu.se/arbarch/saltsa/2003/wlr2003_08... · the working hours fixed by a collective agreement applying to the enterprise, constitutes overtime.

Maximum weekly working time Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organization of working time. ART. 6: Maximum weekly working time. “Members States shall take the measures necessary to ensure that...the average working time for each seven-day period, including overtime, does not exceed 48 hours”.

Countries Max Weekly

Working Hours

Legislation

Austria

40 Arbeitszeitgesetz/1969:The normal time of work is fixed in 40 hours a week.

Belgium 39 Loi du 04/12/1998: The Legislation provides for a weekly working time of 39 hours.

Denmark Maximum weekly working time is provided by Collective Agreements. Finland 40 Working Hours Act 605/1996:

Regular working hours shall not exceed eight hours a day or 40 hours a week. The regular weekly hours can also be arranged in such a way that the average is 40 hours over a period of no more than 52 weeks.

France 35/48/44 Loi 461/1998: Maximum weekly working time of 35 hours per week with a limit of 48 hours on one week and a mean of 44 hours per week on 12 consecutive weeks.

Germany 48 Arbeitszeitgesetz 6/6/1994: Max weekly Working Hours: 48 hours or up to 60 hours if within 6 months or 24 weeks the average of 48 hours is not exceeded.

Greece 40 Presidential Decree 88/1999:

Maximum weekly working time may not exceed an average of 48 hours in a 4-months reference period.

Ireland 48 Statutory Instruments no. 485/1998 An employer must not allow an employee to work more than 48 hours each seven days in a reference period of 4 months.

Italy 40 Legge no.196/1997:The normal time of work is fixed in 40 hours a week: The Collective Agreements could establish a shorter duration.

Luxembourg 40 Loi 9/12/1970 e Loi août 1988: Legislation requires that normal working time does not to exceed 8 hours a day and 40 hours per week.

Netherlands 45/40 Wet van 23/11/1995: Maximum of 45 working hours per week and an average of 40 hours per week calculated over a period of 13 weeks.

Portugal 48 Lei no.73/1998:A worker’s working time, in a reference period of 12 months, shall not exceed an average of 48 hours for each seven days.

Spain 40 Real Decreto Legislativo no. 1/1995: The normal time of work, in a reference period of 1 year, is fixed in 40 hours a week… , the maximum working time is established through Collective Agreements.

Sweden 40 Working Hours Act 1982: Regular working hours may not exceed 40 hours per week.

U.K. 48 Statutory Instruments 1833/1998: A worker’s working time, including overtime, in any reference period which is applicable in his case, shall not exceed an average of 48 hours for each seven days. The limit specified in regulation 4(1) shall not apply in relation to a worker who has agreed with his employer in writing that it should not apply in his case, provided that the employer complies with the requirements of paragraph.

Daily working time Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organization of working time. ART. 6: Maximum weekly working time. “Members States shall take the measures necessary to ensure that ... the average working time for each seven-day period, including overtime, does not exceed 48 hours”.

Countries Max daily

Working hours

Legislation

Austria 8 Arbeitszeitgesetz 1969:The normal time of work is fixed in 8 hours a day.

Belgium 10 Denmark Maximum daily working time is provided by Collective Agreements. Finland 8 Working Hours Act 605/1996:

Regular working hours shall not exceed eight hours a day (or 40 hours a week). France 10 Loi 461/1998:

Daily working time is limited to a maximum of 10 hours per day. Derogations are possible, up to12 hours, in case of Collective Agreements.

Germany 8 Arbeitszeitgesetz 6/6/1994: Maximum daily WH: no more than 8 hours. It may exceed these 8 hours up to 10 hours if, within 6 months or 24 weeks, the average of 8 hours is not exceeded.

Greece Ireland 9 Statutory Instruments no. 485/1998:

An employer must not allow an employee to work more than 9 hours in a day. Italy

Luxembourg 8Netherlands Portugal Spain 9 Real Decreto Legislativo 1/1995:

A worker’s working time shall not exceed an average of 9 hours in a day. Collective Agreements could derogate from this disposition.

Sweden U.K.

Overtime Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organization of working time. ART. 6: Maximum weekly working time. “The States member takes to the necessary measures so that… the 1) duration weekly magazine of the job is limited by means of legislative, prescribed disposition or administrative”.

Countries Legislation Austria Arbeitszeitgesetz/69: The normal week working time can be extended to 60 hours and daily working time to 12 hours, if provided

by Collective Agreements (Art.5). Overtime is when the limits of the article 5 are exceeded. The weekly working time can be extended to 60 hours and the daily WH to 13 hours according to art.5 (Art.7).

Belgium As a general legal principle in Belgium, work performed from and including 9 hours per day or 40 hours per week, or and above the working hours fixed by a collective agreement applying to the enterprise, constitutes overtime.

Denmark Finland Working Hours Act 605/1966: Overtime refers to work carried out on the employer’s initiative in addition to the regular working

hours. The consent of the employee is necessary (art.17). The maximum amount of overtime during a four-month period is 138 hours, though 250 hours not be exceeded in a calendar year (art.19).

France Overtime is limited to a maximum of 130 hours per year and per employee. It can be increased by collective agreement. It’s reduced to 90 hours in case of annualization. Payment is increased of 10% for the 35th to 39th hours, 25% for the 40th to 43rd hours, and 50% beyond the 43rd.

Germany Arbeitszeitgesetz 6/6/1994: Daily working time shall not exceed 8 hours. It can be extended to 10 hours, if in a period of six months or 24 hours the normal daily work is 8 hours.(Art.3) Mutterschutzgesetz: Pregnant women and women, who breast-feed / nurse their children, are forbidden to work overtime. That means: these women under 18 years are not allowed to work over 8 hours a day or 80 hours a double week, older women in this situation are not allowed to work more than 8,5 hours a day or 90 hours in a double week! (art.8)

Greece Civil Code:

Overtime is subject to the employee’s consent. By way of exception, its unilateral imposition by the employer is possible if the need arises for work over and above contractually agreed or normal work, i.e. when special exigencies occasionally demand it. The employee has the right to refuse if they are not in a position to perform it and provided that such refusal does not contravene the principle of good faith. (art. 659)

Ireland Condition of Employment Act 1936: Overtime must not exceed two hours per day, or 12 hours per week, or 240 hours per year, or 36 hours in a period of four consecutive weeks. This limit can be extended by a permit issued by the Minister for Employment and Enterprise.

Italy Law no.549/1995: overtime for all the workers is considered (excluded managers who carry out directives functions): a) what exceeds the forty hours in the case of weekly timetable; b) what exceeds the average of 40 hours weeklies in the case of several weeks timetable previewed from contracts national collectives. Law no.409/1998: In the industrial enterprises, in case of overcoming of the 45 hours in a week, through performances of overtime, the employer informs, within 24 hours from the beginning of such performances, the Provincial Direction of Labour competent for territory.

Luxembourg All use of overtime is subject to prior authorization by the minister for Labour, except in the event of danger, emergency or force majeure. The Minister may impose a monthly or annual quota per employee. For manual workers, departures from the legal rules on working hours may be regulated by collective agreement in sector, industries or enterprises where there is a shortage of labour, provided that total working hours do not exceed 10 hours a day and 48 hours a week.

Netherlands Overtime is work done in excess of the maximum working time as laid down in the collective agreement applicable to the sector or enterprise concerned or beyond normal working hours. The maximum working hours may be exceeded only if the employer is granted an authorization to use overtime by the district office of the Labour Inspectorate.

Portugal Overtime Act: In a number of exceptional situations the law permits employers to require employees to work outside working hours. Employees are obliged to work any overtime which their employer requires them to do within the terms of the law. This obligation does not apply to disabled persons, female employees who are pregnant or have children aged fewer than 10, and minors. Overtime is subject to the following limits: 200 hours annually; two hours daily; on a weekly rest day or public holiday, a number of hours equal to normal daily working hours.

Spain Spanish law restricts overtime to 80 hours per year, including any time spent preventing or repairing damage.

Sweden Working Hours Act 1982:

Where additional working hours are required, overtime hours may be worked at a rate of not more than 48 hours over a period of 4 weeks or 50 hours over a calendar month, subject to a maximum of 200 hours per calendar year. (art.8)

U.K. Statutory Instrument 1998 No. 1833: A worker’s working time, including overtime, in any reference period which is applicable in his case shall not exceed an average of 48 hours for each seven days”.(art.4) The limit specified in regulation 4(1) shall not apply in relation to a worker who has agreed with his employer in writing that it should not apply in his case, provided that the employer complies with the requirements of paragraph (4) (art.5).

Rest breaks Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organization of working time. ART. 4: Breaks. “Member States shall take the measures necessary to ensure that, where the working day is longer than six hours, every worker is entitled to a rest break, the details of which, including duration and the terms on which it is granted, shall be laid down in collective agreements or agreements between the two sides of industry or, falling that, by national legislation”.

Countries Minutes of break

Legislation

Austria 30 The general rule provides for a break of ½ an hour if the working time is longer than 6 hours. Belgium 15 Loi du 04/12/1998:

Legislation provides for a break every 6 hours. The precise duration and other condition have to be set by Collective Agreements. In the absence of these, a worker is entitled to break of 15 minutes.

Denmark The art. 4 of the Directive are entrusted to implementation by means of collective agreements. Finland 30 Working Hours Act 605/1996:

If daily working hours exceed six hours and an employee’s presence at the workplace is not necessitated by work continuity, the employee must be granted a regular rest period of at least one hour within the shift, during which s/he is free to leave the workplace. An employer and an employee can agree on a shorter rest period, but this may not be less than half an hour. The rest period cannot be placed immediately at the beginning or the end of a work day. If daily working hours exceed 10, employees are entitled to a rest period of up to half an hour following eight hours of work.

France 20 Loi 461/1998: A break of at least 20 minutes must be given as soon as daily working time reaches 6 hours. Collective Agreements could establish a longer duration.

Germany 30/45 Arbeitszeitgesetz 1994:

Where a worker’s daily working time is more than six hours, he is entitled to a rest break. Worker is entitled to a rest of no less than 30 minutes in case the working time is between 6 and 9 hours, 45 minutes in case it is more than 9 hours. Rest breaks can be divided into periods of not less than 15 minutes.

Greece 15 Presidential Decree 88/99: A break of at least 15 minutes is provided when the working day is longer than 6 hours.

Ireland 15/30 Statutory Instruments no. 485/1998: A break of at least 15 minutes every 4.5 hours and of at least 30 minutes is provided if the work is longer than 6 hours.

Italy Luxembourg 30 Legislation (Loi 9/12/1970 e Loi août 1988) provides for a minimum of 30 minutes break if the working

day is longer than 6 hours. Netherlands 30 Wet van 23/11/1995:

A break at least every 5.5 hours. Collective Agreements can derogate from this norm, but must fix a break of at least half an hour. This may be divided into two breaks of a quarter of hour.

Portugal Lei no.73/984: The worker is entitled to a rest break period after six consecutive hours of work

Spain 15 Real Decreto Legislativo 1/1995: In case of working day exceeding 6 hours, the worker is entitled to a rest period of 15 minutes, this is effective working time”.

Sweden Working Hours Act/1982: Rest intervals are “interruption in daily working hours during which employees are not obliged to remain at the workplace”. Rest intervals are to be arranged in such a way that the employees do not carry out work for more than five consecutive hours. Number, duration and disposition of rest intervals must be satisfactory with regard to work conditions. The employer must organise work as to enable employees to take breaks, in addition to rest intervals that are required during working hours.

U.K. 20 Statutory Instruments 1883/1988:

Where a worker’s daily working time is more than six hours, he is entitled to a rest break. The rest break…is an uninterrupted period of not less than 20 minutes; the worker is entitled to spend it away from his workstation, if he has one.

Daily rest Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organization of working time. ART. 3: Daily rest. “Member States shall take the measures necessary to ensure that every worker is entitled to a minimum daily rest period of 11 consecutive hours per 24-hour period.”

Countries Hours of rest Legislation Austria 11 Arbeitszeitgesetz/1969:

The worker is entitled to a daily rest of no less than 11 hours. The Collective Agreements could provide a reduction to 8 hours.

Belgium 11 Loi du 04/12/1998: The worker must have a rest period of 11 consecutive hours per 24-hour period.

Denmark 11 Rest period of 11 consecutive hours per 24-hour period provided by Collective Agreements. Finland 11 Working Hours Act 605/1996:

During the 24 hours following the beginning of a work shift, employees must be given an uninterrupted rest period of at least 11 hours. Motor vehicle drivers must be given a minimum of 10 hours of uninterrupted rest within each period of 24 consecutive hours.

France 11 Loi 461/1998: A daily rest period of 11 consecutive hours is provided.

Germany 11 Arbeitszeitgesetz/1994:

(1) At the end of a working day, the worker shall have an uninterrupted rest period of no less than 11 hours. (2) The duration of the rest period can be reduced in some kind of work situation (e.g. ospitals..), if each reduction is compensated within the month or a period of 4 weeks, with a rest no less than 12 hours. (3) In hospitals and other health care institutes daily rest periods can be reduced through readiness for duty or on call duty, if work does not make up for more than half of the rest break and if balanced in other times. (4) If regulation of the European Community admit lower daily rest periods for drivers and co-drivers, these regulation are in force, divergent from (1).

Greece 12 Presidential Decree 88/1999: For every period of 24 hours the minimum rest period shall no be less than 12 consecutive hours.

Ireland 11 Statutory Instruments no. 485/1998: The legislation provides for a rest period of no less than 11 hours within each 24-hours period. Derogations are allowed in specified cases.

Italy Luxembourg The law leaves open the possibility for shorter daily rest than prescribed by the Directive Netherlands 11 Wet van 23/11/1995:

Employer must organise work in such a way that workers have a rest period of 11 consecutive hours per 24-hour period. This period may be reduced to eight consecutive hours per 24-hours period no more than once a week

Portugal 11 Lei no.73/98: Without impairment for a minimum rest period of 12 hours in a normal working day, a minimum period of 11 hours is guaranteed between two consecutive periods of work.

Spain 12 Real Decreto Legislativo 1/1995: At the end of the working day the worker is entitled to a rest period of 12 hours minimum.

Sweden Working Hours Act/1982:

All employers shall be afforded free time for nightly rest. Such free time shall include the hours between midnight and 5a.m.

U.K. 11 Statutory Instruments 1883/1988: An adult worker is entitled to a rest period of not less than eleven consecutive hours in each 24-hour period during which he works for his employer. This rule does not apply in relation to a shift worker when he changes shift and cannot take a daily rest period between the end of one shift and the start of the next one.

Weekly rest period Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organization of working time. ART.5 Weekly rest period. “Member States shall take the measures necessary to ensure that, per each seven-day period, every worker is entitled to a minimum uninterrupted rest period of 24 hours plus the 11 hours’ daily rest referred to in Article 3.”

Countries Hours of rest Legislation Austria 36 Arbeitsruhegesetz/1983:

The worker is entitled to a week end rest period no less than 36 hours, including Sunday. The worker who does not have week end rest period is entitled to 36 hours during the week.

Belgium 35 Loi du 04/12/1998: Sunday working is prohibited. The worker has a rest period of 35 consecutive hours.

Denmark 1 day The worker must, within each seven-day period, have a weekly day off which must be directly linked to a daily rest period.

Finland 35 Working Hours Act 605/1996: Working hours must be organized to allow employees at least 35 hours of uninterrupted free time each week, preferably around a Sunday. The weekly free time can be arranged so that it average 35 hours within a 14-day period. Weekly free time must, however, be at least 24 hours.

France 35 Loi 461/1998 Every employee is entitled to a weekly rest period of 35 hours (24 consecutive and 11 hours of rest daily). There is a general principle of Sunday rest.

Germany 24 Arbeitszeitgesetz/1994:

One uninterrupted rest period of no less than 24 hours, from 00h to 24h. In the case of shiftwork the beginning or the end of the rest period can be advanced or postponed by 6 hours. For drivers and co-drivers this is allowable for two hours. As a consequence: at least once per week there should be a weekly rest period of 35 consecutive hours: 11 hours’ daily rest plus 24 Sunday rest.

Greece 24+12 Presidential Decree 88/1999: The worker is entitled to a weekly rest period of 24 hours, plus the 12 hours uninterrupted daily rest.

Ireland 24+11 Working Time Act / 1997: The legislation essentially reproduces Article 5 of the Directive.

Italy 24 Civil Code (Art.2109): The worker is entitled to a weekly rest period of 24 hours.

Luxembourg 1 day Legislation requires the observance of a weekly rest, on Sundays. There are a number of derogations depending on the type of work or type of activity.

Netherlands 36 Wet van 23/11/1995: Legislation provides for an uninterrupted rest period of 36 hours per seven-day-period, or 60 hours per nine-day period. In the latter case, the rest period may be reduced to 32 hours once every 5 weeks.

Portugal Lei no.73/98: It is necessary to add an obligatory rest period of 11 hours to the rest weekly period.

Spain 1.5 days Real Decreto Lei 1/1995: The law provides for one uninterrupted day and half, in a period of 14 days, generally including the evening of Saturday, the morning of Monday and Sunday”.

Sweden 36 Working Hours Act/1982: Employees are entitled to no less than 36 consecutive hours of time off within each period of seven days. Weekly rest should be, as far as possible, during the weekends.

U.K. 24 Statutory I nstruments1883/1988: The worker is entitled to a weekly rest period no less than 24 hours in each seven-day period.

Night work Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organization of working time. ART. 8: length of night work. “Member States shall take the measures necessary to ensure that: 1. normal hours of workforce night workers do not exceed an average of eight hours in any 24-hours period”.

Countries Max length night work

Legislation

Austria Nachtschwerarbeitsgesetz nr. 354/1981 (rev. 1993): Night work”: period of at least six hours between 22.00 and 06.00 for at least six nights a month. Additional breaks: 10 min paid break during the night shift. Additional vacations: 60 nightshifts per year, 2 work days, after 5 years on shift, 4 works day, after 15 years on shift, 6 work days. Health service, possibility of early retirement.

Belgium 8 Loi du 17/02/1997 et Loi du 04/12/1998: “Night time” is a period, generally of 8 hours, between 20.00 a.m. and 6.00 p.m. “Night work” is, in principle, prohibited, but various derogations are possible.

Denmark The notions of night time and night worker have been defined generally in collective agreements. Finland Working Hours Act 605/1996:

“Night work”: work at least of 3 hours between 23.00 and 06.00. An employer must notify the labour protection authorities of regular night work, when the said authorities so request.

France Loi 461/1998: “Night time” is a period between 22.00 a.m. and 5.00 p.m. or whichever night work period between 24.00 and 05.00. “Night workers” is considered any employee working usually at least 2 times per week at least 3 hours on the period defined as nightwork.

Germany 8/10 Arbeitszeitgesetz 1994:

“Night time”: a period which includes the time between 23.00 and 06.00, in case of bakers between 22.00 and 05.00. “Night work” is every kind of work which includes more than two hours of night time. The working time of a night and shift worker shall not exceed 8 hours, or 10 hours if within a month or a 4 weeks period WH do not exceed 8 hours on average per day. The night workers are entitled to a health assessment before they take up the assignment and after that, every three years. After the age of 50 this time span is reduced to 1 year. “Night worker” means a worker who works at least two hours during night time. “Night workers” are those workers who usually work nights in rotating shifts system or who works at night on not less than 48 days during the year. The working time of night and shift workers shall be laid out according to evidence based knowledge from ergonomics concerning human centred design of working hours .

Greece 8 Presidential Decree n. 88/1999: “Night time” is a period of 8 hours which includes the period between 22 p.m. and 6 a.m. “Night worker” is a worker who during night time works at least three hours of his daily working time or a worker who has to perform night work for at least 726 hours of his annual working time.

Ireland 9 Statutory Instruments n. 485/1998: “Night time”: period between midnight and 07.00. “Night worker”: a) an employee who normally work at least 3 hours of his or her daily working time during night time; b) an employee whose working hours during night time, in each year, equals or exceeds 50 per cent of the total number of hours worked during the year.

Italy Legge.25/1999:

“Night work” is the activity carried out in a period of at least seven consecutive hours comprising the interval between midnight and 05.00 in the morning. “Night worker” is: a) whichever workers who during the night period carries out, in a not exceptional way, at least three hours of its daily working time; b) whichever worker who carries out, during the night, at least a part of his normal working hours. Legge 25/1999: Night work does not have obligatorily to be done by: a) the working mother of a child under three years or, alternatively, by the cohabiting father; b) the worker who is the only entrusted parent of a cohabiting child of less than twelve years of age; c) the worker who takes care of a disabled subject. Women are forbidden to work from 24.00 to 06.00, from the assessment of state of pregnancy until the first year of age of the child. Thereafter their assignment to night work is on voluntary basis until the 3rd year of age of the child.

Luxembourg There is no general legislation on night work or night worker. Netherlands Wet van 23/11/1995:

“Night work” is work which covers all or part of the period from 12 midnight to 6 a.m. Portugal 8 Decreto Lei 259/98:

“Night time” is a period between 20.00 and 07.00 p.m. L.73/98: Night work shall not exceed 8 hours. The night workers with risks shall not work more than 8 hours in a period of 24 hours. The employer ensures the worker the opportunity of a free health assessment before he takes up the assignment and during the period of work.

Spain 8 Real Decreto Lei 1/1995: “Night time” is the period which includes the interval between 22.00 and 06.00. Night work shall not exceed the 8 hours in a work period of 15 days. The employer, who usually utilizes night work, has to inform the authority. “Night worker” is the worker who at night carries out at least three hours of its daily working time”.

Sweden Working Hours Act 1982:

All employees shall be afforded free time for nightly rest. Such free time shall include the hours between midnight and 5 a.m. Deviation may be made if the work, having regard to its nature. “Night worker” is a worker that works at least three hours of his daily work during night time, or a worker that most likely will work at least 38% of his annual work during the night.

U.K. 8 Statutory Instruments.1833/1998: “Night time” is a period the duration of which is not less than seven hours, and which includes the period between midnight and 5 a.m. A nightworker’s normal hours of work, in any reference period which is applicable in his case, shall not exceed an average of eight hours for each 24 hours. “Night worker” is a worker who, as a normal course, works at least three hours of his daily working time during night time, or who is likely, during night time, to work at least such proportion of his annual working time as may be specified for the purposes of these Regulations in a collective agreement or a workforce agreement. An employer shall not assign an adult worker to work which is to be undertaken during periods such that the worker will become a night worker unless the employer has ensured that the worker will have the opportunity of a free health assessment before he takes up the assignment; or the worker had a health assessment before being assigned to work to be undertaken during such periods on an earlier occasion, and the employer has no reason to believe that that assessment is no longer valid.

Annual leave Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organization of working time. ART. 7: Annual leave “Member States shall take the measures necessary to ensure that every worker is entitled to paid annual leave of at least four weeks in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and/or practice”.

Countries Annual leave Legislation Austria 30 days Any employee is entitled to 30 working days leave (5 weeks) Belgium 4 weeks Law provides for a paid leave of at least 4 weeks Denmark 30 days 30 days of annual leave over a period of 5 weeks Finland 5 weeks A worker is entitled to five weeks leave. France 5 weeks Every worker is entitled to an annual leave, the duration of which is at least 5 weeks Germany 24 days Bundesurlaubsgesetz1963: Each worker is entitled to a period of paid annual leave, not less than 24 days.

Not including Sundays and legal holidays. Greece 4 weeks 4 weeks paid annual leave. This entitlement is subjected to a qualifying period of a continuous

employment of at least 12 months. Ireland 4 weeks Legislation provided for paid leave of at least 4 weeks. Italy Legislation does not define a minimum duration of leave. It also does not specify that annual leave cannot

be replaced by payment in lieu. This issue is regulated by Collective and Company agreements. Luxembourg 25 days Law provides for an annual leave of 25 working days. Netherlands Wet van 23/11/1995: The Civil Code provides that the worker acquires a holiday entitlement per year of

at least four times the agreed weekly working time. Portugal 22 days Legislation provided 22 days of annual paid leave

Spain 30 days Real Decreto Lei 1/1995: “The holiday annual period is not less than 30 working days. It is not allowed

to replace them by payment in lieu. The period of holiday is established by agreements between the employee and the employer, on the basis of Collective Agreements”.

Sweden 25 days Legislation provides for 25 days leave every year. The leave normally adds up to 5 weeks since Saturday and Sunday are not counted as working days during a leave period

U.K. 4 weeks Statutory Instruments 1883/1998: “A worker is entitled in each leave year to a period of leave determined as follows: a) in any leave year beginning on or before 23rd November 1998, three weeks; b) in any leave year beginning after 23rd November 1998 but before 23rd 1999, three weeks and a proportion of a fourth week equivalent to the proportion of the year beginning on 23rd November 1998 which has elapsed at the start of that leave year; c) in any leave year beginning after 23rd November 1999, four weeks.

Part time Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC-Annex : Framework agreement on part-time work. Article 1: “The purpose of this Directive is to implement the Framework Agreement on part-time work concluded on 6 June 1997 between the general cross-industry organizations (UNICE, CEEP and the ETUC) annexed hereto”. Annex: Clause 3 Definitions: “For the purpose of this agreement: The term ‘part-time worker’ refers to an employee whose normal hours of work, calculated on a weekly basis or on average over a period of employment of up to one year, are less than the normal hours of work of a comparable full-time worker”

Countries Legislation Austria Arbeitszeitgesetz/69 Art.19:

The term part time worker refers to an employee whose normal working hours are less than the normal working hours of a comparable full time worker.

Belgium Belgian law does not define part-time work. Part time work can be interpreted as the voluntary and regular performance of work during working hours, shorter than the normal full-time working hours.

Denmark Part time work is those working time up to 30 hours a week. Finland Working Hours Act 605/1996:

If an employee wishes, for other social or health reasons, to work less than the regular working hours, the employer must seek to arrange work so that the employee can work part-time.(art.15)

France Part time is defined as any working time lower than the legal working time; it can be calculated by the week, the month or the year. The working schedule must be defined in the work contract. The employee can refuse any change of the working schedule if it is incompatible with his family duties, another part time job or school or university studies. Overtime cannot exceed 10% of the normal time defined in the work contract.

Germany Teilzeitarbeitsgesetz/2001:

Part time employee is an employee whose number of working hours per week is shorter as a comparable full time worker. Employees are entitled to opt for part time work, if there are no impeding conditions from the side of the company. Preconditions are a job tenure of at least 6 month and a company size of at least 15 employees. The desire to work shorter hours and the desired times of the hours to be worked has to be announced 3 months in advance. The intention is to reach an agreement between employer and employee. If the employer does not contradict the announcement of reduced working hours within 4 weeks, the proposal is agreed.

Greece Law 1892/1990 The part-time workers is the workers whose daily or weekly working hours are shorter than those of standard or full-time workers, accompanied by correspondingly reduced pay. It requires an individual agreement between employee and employer, it must be in writing.

Ireland Protection of employees (part time work) Act 2001 Part time employee means an employee whose normal hours of work are less than the normal hours of work of an employee who is a comparable employee in relation to him or her. (art.7) A part time employee shall not, in respect of his or her conditions of employment, be treated in a less favourable manner than a comparable full time employee (art.9).

Italy Decreto legislativo.61/2000: a) “full time”: the normal working hours established by article 13, codicil 1, of law 24 June 1996, n.196 (40 hours). b) “part time”: the working hours, fixed by individual contracts, that are in any case less than “full time”.

Luxembourg Law 26 February 1993 Part- time worker is a worker who makes an agreement with the employer on regular weekly working hours shorter than the statutory or collectively agreed normal working hours. Legislations provides for an equal treatment for part time workers

Netherlands Part time work is the work performed regularly under a contract of employment, which provides for working hours that are shorter than the normal working time for the sector or enterprise concerned. Part time work occurs in various forms, including working either at fixed time or at variable times.

Portugal Lei no. 103/99, de 26 de julho Part-time worker means a worker whose normal hours of work are less than 75% of the normal hours of work of a comparable full-time worker. Collective Agreements could establish a higher percentage.

Spain Real Decreto Legislativo 15/1998:

The term “part time worker” refers to an employee whose normal WH, calculated on weekly, monthly or annual basis, are less than 77% of the full time working day, established by the Collective Council. The part time workers cannot work overtime, except for preventing or repairing damages. The change from full time to part time work must happen on voluntary basis.

Sweden U.K. Statutory Instrument 2000 no. 1551 (amend Statutory instrument 2002 no. 2035)

A worker is a part time worker for the purpose of these regulation if he is paid wholly or in part by reference to the time he works and, having regards to the custom and practice of the employer in relation to workers employed by the worker’s employer under the same type of contract, is not identifiable as a full-time worker. (art.2) A part time worker has the right not to be treated by his employer less favourably than the employer treats a comparable full-time worker. (art.5)

Temporary work Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP. Annex, Clause 3, Definitions. “1. for the purpose of this agreement the term “fixed-term worker” means a person having an employment contract or relationship entered into directly between an employer and a worker where the end of the employment contract or relationship is determined by objective conditions such as reaching a specific date, completing a specific task, or the occurrence of a specific event”.

Countries Legislation Austria For obtaining a TWA permit is necessary a previous record of general good employer practice, in particular as regards the law

on the prevision of temporary labour. Belgium In Belgium a committee with considerable representation of the social partners may grant recognition to a temporary work

agency. Denmark Finland France Authorisation may be granted by the regional labour Inspectorate. The agency has to provide annually a financial guarantee, to

ensure payment to workers in case of insolvency. Germany The Federal Employment Office (FEO) awards licences and monitors the activities of temporary work agency. Most licences

are temporary, but may be renewed. The FEO has considerable monitoring powers. All this is changing now, beginning from 2003, among others with the FEO starting its own temporary assignment offices.

Greece Ireland The ministry of Labour awards and renewed annually licences. The grounds for obtaining a licence, refer mainly to health and

safety issue and there are no requirements as regard financial guarantees. Italy The Ministry of Labour may issue a licence, which may become of indefinite duration after two years. Luxembourg Authorisation is required by the Ministry of Labour. The initial three-year authorisation may become indefinitive after that

period.

Netherlands Portugal Authorisation is required by the Ministry of Employment and Social Security and is subject to the employer having previously

respected the labour and social security law. Licences are issued for a limited period. Spain Authorisation may be obtained from the regional or national government. Financial guarantees must be provided and if

necessary, upgraded annually. Licences are initially awarded for a year. Sweden U.K. Employment Agency Standards office (EASO) of Department of Trade & Industry inspects premises and records of agencies to

ensure that they comply with the standards set by the regulation.

Parental leave Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC.

Countries Legislation Austria Belgium Denmark Finland France Germany There is a legal regulation of parental leave, differentiated according to the age of the child, but I am not sure where it is. I

will try to find out asap a) Mutterschutzgesetzt rules immediately after birth and breast feeding b) mother / and or father entiteled thereafter for 1 year and then once again for x years

Greece Ireland Italy Law n.53/2000:... in the first eight years of life of the child every parent has the right to abstain from the job.

The right to abstain themselves from the job competes:... a) to the working mother, passed the period of obligatory abstention... for not advanced a continuative or fractioned period to the six months; b) to the working father, for a continuative or fractioned period not more than six months; c) in case there is a single parent, for advanced a continuative or not aliquot period to ten months.

Luxembourg Netherlands

Portugal Spain Sweden Parental Leave Act (584/1995): An employee has the right, as parent, to time off from his or her employment in accordance

with this Act. There are five types of parental leave for care of children, etc., as follows: 1. Full leave for female employee in connection with her child’s birth and for breast feeding; 2. Full leave for parent until the child has reached 18 months or, subject to the parent’s receipt of full parental cash benefits, for time thereafter; 3. Leave for a parental in the form of a reduction of work time by one half or one quarter with one half or one quarter parent allowance respectively; 4. Leave for a parent in the form of a reduction of normal work time by one quarter until, in most cases, the child reaches eight years; 5. Leave for an employee’s temporary care of a child.

U.K. Statutory Instrument 3312/1999 n.3312: Part.II art.4: An employee is entitled to ordinary maternity leave.