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. Review all agreements set out in your employment policies and contracts. This note summarizes the minimum standards, but you should apply your own agreements if they are more generous to employees. Across the financial sector and many other sectors, annual premiums are paid in the first months of the year. Companies often take advantage of this time to ask their employees to sign new policies and employment contracts, often simply by checking a box on their computer screen. Whatever you do, don`t wait in the hope that a signature defect will go unnoticed. This rarely works, especially if the policy requires an electronic signature. However, you can seek advice from a lawyer if you are not sure how to proceed with your individual situation. If an employer requires employees to work overtime, they must clearly tell employees that they can refuse and that there will be no negative impact if they do. To avoid coercion, the employer must ensure that new policies are sometimes introduced or updated, and they can be more restrictive or modified to facilitate their legal application.
You should read all of these documents thoroughly to make sure you understand them. If you have time to take the documents home and read them at your own pace before signing, do so. 6.1 Working hours must comply with national laws, collective agreements and the provisions of sections 6.2 to 6.6 below, which must ensure better protection of workers. 6.2 to 6.6 are based on international labour standards. Weekly rest agreements provide – also with exceptions – that employees should be entitled to one full day of rest per week. The law states that you must not be forced to sign an opt-out or be treated unfavourably (“suffer harm” in legal jargon) if you refuse. Even if you have agreed to sign an opt-out, nothing prevents you from reversing your decision later. I [name of worker] agree that I can work more than 48 hours a week on average.
If I change my mind, I will notify my employer [period – up to 3 months] in writing to terminate this agreement. Drawn…………………………………. Dated………………………………….. You can terminate your opt-out contract at any time, even if it is part of your employment contract. According to the 1998 Working Time Regulations, the average working time of most adult workers may not exceed 48 hours per week, calculated over a reference period of 17 weeks (extended to 26 or 52 weeks in certain circumstances). This includes overtime and all work for secondary employers. However, the regulation also allows workers to voluntarily agree to work more than these hours, provided they have signed an individual written opt-out agreement stating that they agree not to apply the average weekly working time of 48 hours – see our opt-out agreement. As a rule, the party responsible for the remuneration of employees is the party with whom the employment contract is concluded. Thus, if workers are employed by an agency that outsources their services to a company, the agency would be responsible for paying overtime bonuses to employees. However, companies that use temporary agency workers should check whether workers receive adequate overtime bonuses and whether working time is managed appropriately. It is the responsibility of undertakings to ensure compliance with the EIT Basic Code in respect of all workers involved in the production of goods or services covered by the Basic Code, whether direct or indirect workers (temporary agency workers). This should include assessing whether the fees they pay to the Agency are sufficient to allow for the payment of overtime bonuses.
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. Other important examples are non-compete obligations and solicitation prohibitions that restrict the employee`s future employment after leaving the company.B, for example by prohibiting work for competitors or with the company`s customers. The employee may withdraw consent to the opt-out by informing you whether or not the employment relationship has begun. One week`s revocation period is required, unless you agree to a different notice period, which may not exceed three months. Include the notice period in the agreement. You must notify your employer at least 7 days in advance. You may need to inform further (up to 3 months) if you have a written opt-out agreement. 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. If you unsubscribe, the company will almost certainly let you sign later if you change your mind. However, it is unlikely to try to convince your employer to forgo an agreement that has already been signed, especially if it is an arbitration agreement and you may need to make legal claims. Employers generally have a stronger hand in legal negotiations when a dispute is referred to arbitration for a variety of reasons. The 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 for 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. If you receive an email, pop-up notification, or paper document asking you to accept a new employment policy or agreement, carefully consider whether you have the option to unsubscribe or refuse to sign. Some companies offer this option, especially when it comes to arbitration policies.
It can be difficult to obtain these documents after a termination of employment or in a short period of time if an employment opportunity suddenly arises. It`s almost always easier to explain to your employer why you need it in advance at the time of signing: as an alternative to an opt-out agreement, use our opt-out clause in employment contracts to avoid applying the average weekly working time, but if you do, make sure that employees sign their contracts and that their consent to the provision is entirely voluntary. Our clause recommends that they seek independent legal advice. It depends on the circumstances. .