Agreement on Working Time
ETI members are not expected to ensure that their suppliers actively shorten the work week, although they want to encourage suppliers to do so and prefer suppliers who have negotiated a shorter work week with their employees, for example. EIT members generally set the required working hours at less than 48 hours; for those who do not, the recommendation would also apply to employees in their own activities. The international standards (ILO Conventions) on which the Basic Code is based set 48 hours as the maximum duration of the normal working week, but also recognize the importance of the transition to a shorter working week, overtime and, where appropriate and achievable in the national context, for the health and well-being of workers. This may still be a long way off in many countries, and reducing working time to 48 hours will continue to be a priority for many EIT members. The EIT base code does not contain specific rules on the number of hours per day that can be worked. Nevertheless, employers should try to avoid long working days, as these can endanger an employee`s health. In the Basic Code and in national legislation, there is an obligation to create a safe working system that must prevent excessively long shifts or continuous work. This is due to health and safety risks arising from excessive working hours. In many countries, national legislation will contain provisions on either the maximum daily working time or the minimum daily rest period and rest days.
It should be recalled that ILO Convention No. 1 (1921) called for the adoption of a maximum of 8 hours. In order to determine when part-time workers or workers with flexible working hours are entitled to the payment of bonuses, it is necessary to refer to their contracts, collective agreements and national law which determines the start of overtime pay. In some countries or situations, part-time workers do not receive overtime bonuses until they have worked more than the normal full-time hours of comparable workers. It is important to assess national law, the worker`s contract and any collective agreement in order to determine when overtime is considered to be the start. Unlike the contractually agreed 48-hour provision, there is no way to average the hours around the 60-hour limit. The basic code is very clear: an employee cannot exceed 60 hours per week, except in exceptional circumstances, which is allowed by national legislation, regulated by a collective agreement and appropriate safety precautions are in place. This is an absolute weekly and hourly limit. Employees over the age of 18 can opt out of the 48-hour limit for a specified period of time or indefinitely.
This agreement must be made voluntarily and in writing by the employee; it may also be terminated by the employee by at least seven days` notice to the employer. However, the signing of the opt-out clause does not prevent workers from refusing to work more than 48 hours per week. All hours worked in excess of the fixed 48 hours per week or, where applicable, the statutory average working time must be voluntary. In addition, the EIT Basic Code takes precedence over the opt-out agreement and workers should not work more than 60 hours per week, except in exceptional circumstances, as provided for in national law, safety provisions and a collective agreement. In addition, a premium must be paid in relation to overtime. All obligations and responsibilities of the Employee, as well as the Company`s Terms of Employment, remain unchanged, except as expressly modified by this Agreement. Any failure by the Employee to comply with this Agreement may result in a change or termination of the flexible work arrangement set forth in this Agreement. Maybe so. For example, in some institutions, employers may offer overtime exclusively to migrant workers, because they feel they need less free time than local workers (because they are far from their loved ones, want to save money to go home, etc.). However, local workers may find this discriminatory as it prevents them from working overtime and earning more money. Therefore, employers should ensure that all employees have the opportunity to work overtime.
Similarly, overtime should not be given preferential treatment for workers who were previously willing to work overtime, as this could lead to the interpretation that there is an obligation to work overtime in order to obtain a future opportunity to work overtime. If the law and the contract allow workers to receive overtime bonuses only after the equivalent of full-time hours, this should be clearly stated in the information provided to workers at the beginning of employment. 6.2 Working time, excluding overtime, is contractually stipulated and may not exceed 48 hours per week* A Working Time Agreement (WTA) is a collective agreement concluded at school level between the trade union(s) and the director. I have read and understood this Agreement and all its terms. By signing below, I agree to be bound by its terms and conditions. Once the negotiations are concluded, it will be signed as agreed by the representative and the director. The agreement is now binding on all employees. As an employer, the Agency is responsible for the total number of hours worked by the employees it places because it has an overview of the total number of working days worked in a given period. For example, if an employee has worked in a company for four days, the agency must ensure that the next internship provides for at least one day out of seven (or two days out of 14 if national legislation allows it).
The agency and company must ensure that there is not too much work during the day (see Q14, Are there limits to daily work?). The UK Working Time Ordinance allows the statutory maximum working time of 48 hours per week to be exceeded in one week, provided that the average number of hours over 17 weeks (the reference period) does not exceed 48 hours per week. The upper limit of 60 hours per week set in the EIT Basic Code for all hours worked during a week will in some cases be stricter than national legislation (e.B national legislation cannot set maximum limits on weekly working time). In these cases, the 60-hour limit should apply. It should be noted that this limit includes all overtime that must be voluntary and used in accordance with the Basic Code. This Agreement is effective from [Date] and will remain in effect indefinitely, unless modified or terminated by [Company Name] or the Employee. In the event that the Company or the Employee intends to terminate this Agreement, a notice period of at least four weeks will be notified in writing. In the event of an emergency in the workplace, this agreement may be suspended immediately and indefinitely. This Agreement may be revised at any time at the request of either party. 6.3 All overtime is voluntary. Overtime is used responsibly, taking into account the volume, frequency and hours worked by each employee and all staff. It cannot be used as a substitute for regular employment.
Overtime is always paid at an increased rate, which should be at least 125% of the regular wage rate. No. This footnote is a recommendation rather than a requirement, and failure to meet this standard is not considered a non-compliance with the EIT Core Code. However, the length of the normal work week should be documented as part of an audit, and employers are expected to consider options for continuous improvement that strive to achieve this. Employers are encouraged to discuss ways to shorten the working week with their employees as part of the normal negotiations on conditions and with the EIT member companies they provide. Article 6 of ilo Convention No. 1 on Working Time (Industry) provides that “the rate of remuneration for overtime shall not be less than one quarter and a quarter of the standard rate”. .