Settlement of working time
Settlement of work on Sundays and public holidays
The employer is obliged to grant an employee working on a Sunday another day off work in exchange within 6 calendar days preceding or following such a Sunday. If it is not possible to use a day off work in exchange for work on a Sunday within that time frame, the employee is entitled to a day off work by the end of the reference period.
On the other hand, the employer is obliged to grant an employee working on a public holiday another day off work in exchange within the reference period.
A day off compensates the employee for work on that day within the limits of the daily working time standard, i.e. up to 8 hours. Working more than 8 hours on this day is overtime work per day and therefore should be compensated for the employee as overtime work, i.e. with an allowance or time off work. The allowance for overtime work per day on Sunday and public holidays is 100% of the remuneration.
In the event that it is not possible to grant a day off work in exchange for work on a Sunday until the end of the reference period – the employee is entitled to additional remuneration in the amount of 100% for each hour of work on a Sunday. The same is true if using a day off work in exchange for work on a public holiday is not possible until the end of the settlement period. The employee is then entitled to additional remuneration in the amount of 100% for each hour of work on a public holiday.
In the case of work on a public holiday falling on a Sunday, the rules of work on a Sunday apply.
Compensation for on-call time
For on-call time, the employee is entitled, in the first place, to free time equivalent to the length of on-call time. Only in the absence of a possibility to grant free time does remuneration resulting from the personal pay grade, set at an hourly or monthly rate, apply (60% of remuneration is payable if such a remuneration component has not been identified when setting remuneration terms and conditions.)
However, compensation for on-call time is not payable:
- if the on-call duty took place at home,
- to employees managing the workplace on behalf of the employer – regardless of the place of on-call duty.