We provide you with a brief overview of how to correctly schedule and record working hours so as to comply with law.
Working hours are set by the employer. The employer must do so in writing and notify its employees of the working schedule at least two weeks in advance. The employer determines the beginning and the end of the working hours as well as meal and rest breaks. The breaks must be provided for a maximum of six hours of work. The threshold for under-age employees is 4.5 hours. A rest period must be at least 30 minutes. In general, meal and rest breaks are not included in the working hours. Only safety breaks falling within the meal or rest breaks and breaks in work that cannot be interrupted are included in working hours.
Other conditions for scheduling shifts
Standard working hours are 40 hours per week.
- A shift may not exceed 12 hours.
- Employees working in three-shift or non-stop operation may not work over 37.5 hours per week.
- Employees working in two-shift operation may not work more than 38.75 hours per week.
- Workers under 18 years of age may not work over 40 hours per week and 8 hours a day.
Rests between shifts
There must be a minimum period of 11 hours of uninterrupted rest between the end of one shift and the beginning of another during 24 consecutive hours (an employee under 18 years must have a minimum rest period of 12 hours).
- The rest period may be reduced to 8 hours for employees over 18 years of age in cases specified under Section 90 (2) and on condition that the following rest will be extended by the time reduced.
- The employer is required to schedule the working hours in a manner allowing employees to have a continuous rest for a minimum of 35 hours (48 hours in the case of under-age employees).
- If permitted by the employer’s operations, the rest should be appointed so as to fall on the same day for each employee and include a Sunday.
- Rest days are defined by the Labour Code as statutory holidays and days of uninterrupted rest during a week. The employer may only order an employee to work on such days in exceptional cases specified in Section 91 (3) through (5) of the Labour Code.
The employer is required to keep records of each employee’s working hours. Upon request, the employer must provide the employee with the following information:
- Number of days/shifts worked;
- Overtime work
- Number of hours worked at night, on weekends and statutory holidays
- Number of hours worked on standby
- Standby work
- Days of statutory holiday, substituted holiday, unpaid leave and other absences.
RSM TACOMA provides payroll outsourcing services and will be glad to advise you on these issues.