Work schedule
A work schedule must be prepared for each workplace if work is done at varying times. The work schedule specifies the exact start and end times of work. Any time outside of the work schedule is considered the employee’s free time. During this time, the employee is not at the disposal of the employer, unless otherwise agreed, for example, for being on call. The work schedule must also include the employee’s days off.
The work schedule must be prepared for the same period as the working time equalization period. In the private sector, longer equalization periods can be agreed upon, in which case the work schedule must be prepared for a period of 3–6 weeks.
The employee must receive a written work schedule at least one week before the start of the shift. The confirmed work schedule is binding. Changes can only be made with the employee’s consent or for reasons stated in the collective agreement. This is usually due to an unforeseen and unexpected event.
A faulty work schedule can always be corrected. Any changes made must be clearly marked on the work schedule. The use of a pencil is not suitable for maintaining a shared schedule.
The validity of a reason for changing a work shift is determined according to the criteria set out in the collective agreements. If a change in the work schedule leads to overtime work, the employee has the right to refuse to work overtime. There is no acceptable reason for changing the work schedule if it was originally planned to be incomplete.
Adding or reducing compensatory time is considered a change in the work schedule and cannot be done without a valid reason. The work schedule cannot be changed by reducing hours solely for the purpose of avoiding overtime at the end of a period. Similarly, a decrease in hours is not a valid reason for changing the work schedule.
If an employee has already started their shift or arrived at the workplace, it is no longer possible to change that particular shift. For example, in a daycare, it is not possible to move the hours of a shift that has already begun to a different time, even if there are no longer any children present during the shift.
If the employer has a valid reason to change the work shift in a way where hours are added to one spot and reduced from another, while the regular working hours remain the same, the change must be made simultaneously to all work shifts. The changes are made by the supervisor, not the employee.
Work law requires that the employer records all hours worked, overtime hours, and corresponding compensation for each employee. The work schedule can serve as the record and also the basis for salary payments and as proof of hours worked.
The specific justifications for changing work shifts from the employer’s perspective are agreed upon in collective agreements. Employers must treat employees fairly in shift planning, giving weekend breaks, and fulfilling employees’ requests.
- The confirmed work schedule is binding.
- Changing the work schedule always requires a carefully considered and justified reason on a case-by-case basis (for example, unforeseen and unexpected absences that could not have been anticipated in any way beforehand). If it is necessary to change another shift in order to avoid exceeding regular working hours, the changes will be made simultaneously and concurrently. At the same time, the work schedule must indicate the reason for the change and which other shifts have been changed for a justified reason.
- Once a shift has been started, it cannot be cancelled or changed without consent.
- The formation of overtime or the reduction of hours is not a valid reason for changing the work schedule.
- An employee can always refuse overtime work.