© - ATH all rights reserved - Edition 2024 31 2024 EMPLOYER’S GUIDE Make sure that overtime has been worked at your request. TIME OFF IN LIEU A company agreement or otherwise a sector agreement can provide for all or part of the overtime pay and associated increases being substituted by an equivalent amount of time off in lieu. Ask us about the methods for applying time off in lieu. ANNUAL QUOTA This is set by the company agreement or otherwise by the sector agreement. In the absence of a collective agreement, the annual overtime quota is set at 220 hours per employee. The CSE must be notified before overtime work up to the annual quota. In order to be able to work overtime over and above the quota, the CSE must be consulted. For overtime worked over and above the annual quota, employees are entitled to mandatory time off in addition to the extra pay. Some overtime is not counted as part of the quota. If the quota applicable to the company is low and the company regularly uses overtime, it may be appropriate to negotiate a company agreement to increase it. WEEKLY WORKING HOURS Weekly working hours cannot exceed 48 hours. Average weekly working hours cannot exceed 44 hours over a period of 12 consecutive weeks. A company agreement or otherwise a sector agreement may allow for more than 44 hours per week up to a maximum of 46 hours per week. Failure to observe the daily and weekly maximum hours are sanctioned, per employee concerned, either by an administrative fine of up to € 4,000 or by a category 4 penalty (amount on page 85). DAILY WORKING HOURS Maximum daily working hours are 10 hours. They can be increased by a company agreement or a sector agreement in certain situations. No more than 6 hours can be worked without taking a break of at least of 20 min. A minimum of 11 consecutive hours rest must be taken every day. Maximum working hours must also be observed for employees with multiple jobs. WEEKLY TIME OFF A person cannot be employed for more than 6 days a week. Employees must have 35 consecutive hours off per week including Sunday as a general rule. Permanent automatic exceptions and individual exceptions subject to authorisation are provided for (Refer to Fact Sheet 18). Working in excess of the maximum working hours is detrimental to the employee, which must be compensated.
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