Variable Working Hours

Variable working hours clause means a working time provision in an employment contract under which the working time varies between an agreed minimum and maximum amount during a specified period, or a working time arrangement under which the employee undertakes to work for the employer on specific call. Variable working hours legislation covers the following working hours arrangements:

·       a working hours clause without a minimum working time but with a maximum number of regular working hours (e.g. 0-20 h/week, 0-40 h/week)

·       a working hours clause with agreed minimum and maximum regular working hours (e.g. 10-20 h/week)

·       A contract under which the employee is called to work if needed and which includes no agreement on regular working hours (0 h/week)

Variable working time agreements can only be used at the employer's initiative if the employer's labour needs are genuinely variable. In addition, the lower limit of the working hours clause must not be lower than the actual need for labour. If the employer knows that he or she needs the employee regularly, such as for 20 hours per week, the variable working hours clause can't be used. The restrictions do not apply if the variable working hours are agreed at the employee's initiative.

The employment contract or written statement of the main terms and conditions of employment must include information on working hours. When using variable working hours contracts, employees must be informed in writing of the situations in which the employer needs labour. The employer must also indicate in the statement the estimated times during which it may carry out work without the worker's consent at each time.

At least every 12 months, the employer must review the implementation of the working hours clause agreed in the employment contract and inform the employee of the date of the review. At the request of the employee or the employee’s representative, the employer must provide a written statement of the outcome of the review and the reasons of the outcome. If the number of hours worked during the period under review and the employer's labour force needs show that the minimum working time agreed in the employment contract could be set at a higher level, the employer shall, within one month of the review, offer the employee an agreement to change the working time arrangements to reflect the outcome of the review. The employee may refuse the change in the working hours clause. If the employer stops offering the job altogether, the employer must, at the employee's request, explain in writing the reasons for the reduction in the work offered.

An employee working variable hours is entitled to sick pay if a shift that overlaps with the employee's sick leave has been entered into the shift roster. In addition, an employee is entitled to sick pay if the shift has been otherwise agreed on or it is clear given the circumstances that the employee would have been working if he or she had been healthy.

The employer is obliged to compensate the loss of earnings to the employee if the employer offers, during employee's notice period, less working hours than he or she has worked on average during the last 12 weeks.

An employee, who works on variable working hours, can only be scheduled shifts in accordance with the agreed minimum working hours. If the employer wants to plan more shifts to the shift roster, the employer must obtain the employee’s consent before scheduling the shifts.

An employee who works variable hours cannot give permanent consent to take on extra work. Consent may only be given for each occasion separately or for a short period at a time.