For time off in lieu, overtime and various allowances to be granted, it is a prerequisite that the work has been ordered or rendered necessary with a view to the proper performance of the duties concerned.
Furthermore, AU HR has drawn up a couple of forms to use locally when calculating hours. One is for standard-hours employees and the other for out-of-hours employees (please see the Danish version of this page).
The rules regarding working hours depend on the collective agreement by which the employee is covered.
This guidelines deal with the collective agreements most common at Aarhus University.
Part 3 deals with local flexible working hours regulations.
Public servants | Gardeners, United Federation of Danish Workers | Danish Confederation of Professional Associations (AC) | |
Working hours regulations | Public servant regulations | Own regulations | Own regulations |
Standard period | Month | 4 weeks | Average 37 hours per week |
Breaks | ½ hour | ½ hour | ½ hour |
Overtime | 50% | 50% | No |
Additional work | By agreement | By agreement | 50% + by agreement |
Time off in lieu | 3 months | 3 months | 3 months |
Night pay | Out-of-hours workers only | Yes | No |
See special rules for participation in expeditions/field work by laboratory technicians.
Section references in this part relate to the Circular on Working Hours in the State Sector in Denmark (Cirkulære om statens arbejdstidsaftale, 5 July 2021).
The circular makes a clear distinction between standard-hours workers and out-of-hours workers.
Standard-hours workers are employees with “normal working hours”, i.e. employees whose working hours are normally between 06.00 and 07.00, Monday to Friday, see section 2 (1).
Out-of-hours workers are employees who work at any time of the day or night. Working hours for these employees are scheduled partly or completely outside standard working hours, see section 2 (3).
The two groups are subject to different rules, see below, but some of the rules are the same for both. Sections 1.1 , 1.2 and 1.3 apply to both groups. Sections 1.4 and 1.5 are special rules for standard-hours workers, while sections 1.6 and 1.7 are special rules for out-of-hours workers.
The standard period is the period by which working hours are calculated. The standard period for public servants is 1 month. Working hours in standard periods are 7.4 hours times the number of calendar days, not including days off and public holidays on working days as long as such public holidays are when the employee was scheduled to work.
For employees with standard daytime working hours, non-working days are Saturdays and Sundays. For employees whose working hours are partly or completely outside standard working hours, non-working days are as defined in section 15 of the circular.
February 2011 has 28 calendar days, 8 Saturdays and Sundays and 0 public holidays that fall on working days.
In other words, there are a total of 20 workdays in February 2011.
In the case of full-time employment, this corresponds to: 20 x 7.4 hours = 148 working hours in February 2011.
In the case of part-time employment (20 hours/week), this corresponds to: 20 x 20/37 x 7.4 hours = 80 working hours in February 2011.
As a general rule, all time is counted since there are no rounding-off rules.
Time worked is calculated as follows:
In this context day means a period of 24 hours calculated from the start of the working day in question.
A prerequisite for being called in to work is that the employee must show up at the workplace. If the work is done from the employee’s home, only the actual time worked is counted.
If the time worked exceeds the working hours of the standard period (1 month), the employee receives either:
Part-time employees do not receive the 50% allowance until their working hours exceed the norm for full-time. This means that they only receive the same amount of time off in lieu as they have worked.
Overtime pay is conditional upon the work having been ordered or rendered necessary with a view to the proper performance of the duties concerned.
These rules apply to the following members of staff:
Remuneration is fixed by management in consultation with the individual employee. Remuneration can be in the form of payment or time off in lieu, or a combination of the two.
Unused overtime/additional work can be converted into childcare days, see section 11.
The inconvenience allowance replaces the rules on night pay.
A supplement of 25% of hourly pay (min. DKK 25.00 at 1 October 1997 level) is added for work carried out at the following times in accordance with instructions or an approved duty roster:
The inconvenience allowance is paid independently of any remuneration for overtime/additional work under sections 8 and 9, and the weekend allowance under section 14.
Part-time employees receive the inconvenience allowance regardless of whether the number of working hours exceeds the full-time norm or not.
The inconvenience allowance is not paid flexitime scheduled by the employee.
The weekend allowance is paid for work carried out between 00.00 on Saturday and 24.00 on Sunday, and between 00.00 and 24.00 on holidays that fall on a working day, in accordance with instructions or an approved duty roster.
The allowance is paid for all hours in the form of either
Weekend work is not included in the ordinary calculation of time worked according to section 7 (standard period), but is paid separately.
Employees receive both inconvenience allowance according to section 13 and weekend allowance according to section 14.
The weekend allowance is paid independently of any remuneration for overtime/additional work under sections 8 and 9, but you cannot receive overtime payment for work remunerated by weekend allowance.
Part-time employees receive the weekend allowance regardless of whether the number of working hours exceeds the full-time norm or not.
The weekend allowance is not paid for flexitime scheduled by the employee.
Standard period, section 4 | Inconvenience allowance, section 13 | Weekend allowance, section 14 |
1 month No rules on night pay Extra hours are paid as follows: | After 17.00 and for work in weekends and on holidays that fall on a working day = 25% of hourly pay
| All hours = 50% Independent of any overtime pay under section 8/9
Part-time employees: paid regardless of whether the number of working hours exceeds the full-time norm or not. |
Monday - Friday | Saturday - Sunday | |
00.00-06.00 | Inconvenience allowance | Inconvenience allowance + weekend allowance |
06.00-17.00 | Ordinary work | |
17.00-24.00 | Inconvenience allowance |
The decision whether remuneration should be paid for overtime/additional work cannot be taken until the end of the month, as hours worked are calculated on a monthly basis.
Work time remunerated by weekend allowance is not included in the ordinary calculation of time worked according to section 7 (standard period), and cannot trigger remuneration for overtime.
As far as the inconvenience allowance is concerned, it is important to make a note of when the work was done, see example below.
Instructions must have been given for the work to be carried out outside normal working hours to trigger remuneration for both overtime and additional work.
Example: A full-time standard-hours employee entitled to overtime pay works until 20.00 on one day (normal workday ends at 16.00):
Section 8, overtime pay | Section 13, inconvenience allowance | |
Scenario 1 | Section 8(1):
OR 4 x hourly pay + 50% = 6 hours of pay
a combination of pay and time off in lieu | Allowance for the period from 17.00 to 20.00 = 3 x 25% of hourly pay |
Scenario 2 | No overtime pay | Allowance for the period from 17.00 to 20.00 = 3 x 25% of hourly pay |
Example: A full-time standard-hours employee works from 10.00 to 14.00 on a Saturday:
Section 13, inconvenience allowance | Section 14, weekend allowance | ||
Scenario 1 The Saturday represents extra work over and above normal work. The 4 hours are not included in the ordinary calculation of time. | Allowance for the period from 10.00 to 14.00 = 4 x 25% of hourly pay |
| |
Scenario 2 | Allowance for the period from 10.00 to 14.00 = 4 x 25% of hourly pay | 50% of 4 hours = 2 hours of time off in lieu OR 50% of 4 hours of pay = 2 hours of pay |
Out-of-hours workers, whose working hours fall partly or completely outside normal working hours, are entitled to at least 26 days off per quarter. Such days off are deducted from the number of calendar days when calculating the standard period, see section 4.
Added to the number of days off is public holidays falling on working days in the period, unless the holiday falls on a non-working day of the employee.
Section 15 describes the length of days off and how they are organised in more detail.
In addition to days off under section 15, there may be non-working days because of time off in lieu, and days on which the employee is not on duty because his/her duty on other working days is longer than an average working day.
The rules in section 15 do not apply to these days.
If a fixed day off is cancelled by way of an exception, the employee must be compensated for the hours worked with time off in lieu of the same duration plus 50% or hourly pay plus 50%.
Regardless of the actual duration of the work, the employee is compensated for at least 6 hours for each day off cancelled – at least 9 hours of time off in lieu or 9 hours of pay.
The working hours for which compensation is received are not included in the calculation of working hours according to section 7.
Time off in lieu is included in the calculation of working hours as other time off in lieu when it is taken, see section 7(1)(ii).
Calculation of 1 day off (section 15):
e.g. off from 01.00 on Wednesday to 17.00 on Thursday If a full calendar day is included = 36 hours | Calculation of several days off (section 15):
If two full calendar days are included = 56 hours |
For each 37 hours worked between 17.00 and 06.00 the employee earns 3 hours of time off in lieu.
In the case of evening and night shifts, i.e. shifts when more than 4 hours are worked between 15.00 and 07.00, the employee earns 3 hours time off in lieu for each full 37 hours worked.
An account of time off in lieu earned is drawn up at least once a year.
In addition, an allowance is paid in accordance with the Agreement on Night Pay etc. for Public Servants Employed in the Danish State Sector (Aftalen om natpenge mv. for tjenestemænd i staten) or equivalent agreements.
Standard period, section 4 | Days off, section 15 | Cancellation of days off, section 16 | Inconvenience allowance, section 17 |
1 month
Extra hours are paid as either: - Overtime: + 50% for all hours, see section 8 Part-time employees: paid only if the full-time norm has been met. | Entitlement to at least 26 days off in the quarter A day off must be at least 40 hours. If a full calendar day is included, the day off is regarded as granted if it is 36 hours. Working hours should be organised in such a way that, as far as possible, the employee gets 2 consecutive days off a week. At least 30 days off a year must be scheduled on Sundays and public holidays. | Cancellation of a pre-arranged day off = 50% for the hours worked. The allowance is calculated on the basis of at least 6 hours per day. Not included in standard period | For each full 37 hours worked between 17.00 and 06.00 the employee earns 3 hours time off in lieu An account of time off in lieu earned is drawn up at least once a year In addition, an allowance is paid in accordance with the Agreement on Night Pay etc. for Public Servants Employed in the Danish State Sector. |
Sections 2.1, 2.2 and 2.3 give a brief description of the rules for “Agricultural assistants, gardener’s assistants, gardeners and experimental assistants” (Gardeners), the night pay rules and the rules in the Collective Agreement with the Danish Confederation of Professional Associations (AC-overenskomsten).
The gardeners have chosen not to make use of the working hours rules for public servants.
The following apply instead:
a) Text of collective agreement – Trade Union Agreement for Agricultural Assistants, Gardener’s Assistants, Gardeners and Experimental Assistants (Organisationsaftale for landbrugsarbejdere, gartneriarbejdere, gartnere og forsøgsarbejdere)
and
b) Night pay rules
The rules on working hours in the Trade Union Agreement for Gardeners etc. are summarised in the table below:
- For further clarification, please see the agreement
Standard period, section 9 | Overtime, section 10 | Night pay rule - see below | Notice and call-out, section 10 |
4 weeks
Breaks lasting less than half an hour are included if the employee is available and not allowed to leave the workplace. Changes to the start and finish of working hours and introduction of weekend work - see section 9 (4)
| Employees are compensated for extra hours with: The overtime supplement is calculated on the basis of the current hourly pay for the respective base pay levels, including permanent supplements for qualifications and responsibilities - but not availability supplements.
| Employees receive night pay, see section 2.2 | Notice: Allowance for lack of notice: DKK 9.70 per hour.
Employees are paid for a minimum of 3 hours. |
The night pay rules are based on the Circular on Night Pay etc. for Public Servants in the Danish State Sector of 24 March 2006.
The rules apply in two cases:
1) For out-of-hours workers, see section 17 (5) of the working hours rules for public servants, and
2) For the trade union agreements that refer to the night pay rules
This section contains a summary of the night pay rules and is therefore not exhaustive. For further clarification of the rules, please see the circular.
If an employee works between 17.00 and 06.00 in accordance with instructions or an approved duty roster, DKK 17.03 is added in allowance per half hour started (base amount 1 October 1997).
Being on call does not entitle an employee to night pay, but half rate is paid for being on call at a workplace with no sleeping quarters.
If an employee works at the following times in accordance with instructions or an approved duty roster, DKK 30.46 is added in allowance per half hour started (base amount 1 October 1997):
1) Weekends from 14.00 on Saturday to 06.00 on Monday
2) Saturdays before 14.00 if at least half of the planned shift is after 14.00
3) From 00.00 to 24.00 on holidays that fall on a working day
4) From 00.00 to 06.00 on weekdays following holidays that fall on a working day
5) From 12.00 to 24.00 on Denmark’s Constitution Day
6) From 14.00 to 24.00 on Christmas Eve
No allowance is paid for being on call.
An allowance can be paid under both section 1 and section 2 simultaneously.
Monday | Tuesday - Friday | Saturday | Sunday and public holidays | |
00.00-06.00 | Night pay, section 1 | Night pay, section 1 | Night pay, section 1 | Night pay, section 1 |
06.00-14.00 | Ordinary work | Ordinary work | Ordinary work | Weekend allowance, section 2 |
14.00-17.00 | Weekend allowance, section 2 | Weekend allowance, section 2 | ||
17.00-24.00 | Night pay, section 1 | Night pay, section 1 | Night pay, section 1 | Night pay, section 1 |
Under the Collective Agreement with the Danish Confederation of Professional Associations the average working week is 37 hours. This means that there is no “overtime”, just “additional work”.
The following criteria must be met for remuneration to be paid for additional work:
a) The work must have been assigned in accordance with special instructions or be required for the proper performance of duties.
b) The work must be large in scope
c) The work must normally extend over a period of no less than 4 weeks
The employee must give a written account of the reason for the additional work, its nature and the number of hours worked.
The employee’s immediate superior must certify the account, including the number of hours worked, and make a recommendation based on his/her assessment of the account in consultation with the employee.
As a general rule, employees should be compensated for additional work in the form of time off in lieu, i.e. the number of hours in question plus 50%.
The time off in lieu should be taken within approx. 3 months, but can be taken within 1 year by way of an exception. The employee must be given 14 days’ notice of time off in lieu.
Unused time off in lieu can be converted to childcare days, see section 15.
If time off in lieu cannot be taken, additional work can be paid at the hourly rate plus 50% in exceptional circumstances, see section 14(6).
Breaks can be included in working hours if they last no more than half an hour and the employee is available and not allowed to leave the workplace.
As a general rule, members of staff employed in teaching and/or research at universities are exempt from the rules on remuneration for additional work, see section 14(1)(ii).
Employees can be remunerated for additional work in exceptional cases if:
1) the work was assigned
2) the scope of normal work is verifiable
3) the scope of the additional work is verifiable
Administrative officers are paid for an availability obligation of 20 hours per quarter (new pay system) and 35 hours per quarter (old pay system) in the form of an availability supplement. Additional work can be registered if this amount is considerably exceeded.
Members of staff employed as specialist or senior consultants are exempt from the collective agreement’s rules on additional work, but can be paid for additional work in the form of a one-off bonus, see section 5 of the Collective Agreement with the Danish Confederation of Professional Associations.
Senior managers are exempt from the rules on additional work. They can, however, be compensated for additional work in the form of a one-off bonus on top of executive pay, see Circular on the Agreement on Executive Pay (Cirkulære om aftale om chefløn).
There is no special form for additional work under the Collective Agreement with the Danish Confederation of Professional Associations. Any reporting must be done by letter to the department in question and contain an account of the work. An amount must also be fixed by way of compensation for the additional work.
A flexitime agreement gives both management and employees the freedom to schedule work at the times that best suit both parties.
Questions are frequently asked regarding how a flexitime agreement relates to the rules on overtime/additional work.
It is important to note that both manager and employee are responsible for reaching clear agreement in periods with a heavy workload to ensure that the work can be handled by means of overtime/additional work for which special remuneration is payable - see above.
If an employee has built up several hours in his/her flexitime account at the end of the month within the maximum number of hours specified in the flexitime agreement, the hours earned should not be regarded as overtime if the work was not assigned.
The maximum number of hours that can be saved in a flexitime account will be specified in the local flexitime agreement. If the employee’s account contains more than the permitted number of hours at the end of the month, an agreement on how to reduce the number of surplus hours must be reached with between the manager and the employee.
If an employee has worked “too much” without the work being assigned/agreed on, no overtime pay or remuneration for additional work will be added. Instead the hours will be converted to time off in lieu or pay one for one.
Additional work/overtime must be taken as time off in lieu or paid, see the relevant rules in the employee’s collective/trade union agreement.
Even if a local flexitime agreement has been signed, inconvenience/weekend allowance or night pay is granted in accordance with the general rules in this respect, depending on which collective agreement the employee is covered by. For this to happen, instructions must have been given or arrangements made for the work to be done outside normal working hours.
To make it possible to document at the end of the month that the work was done at times for which inconvenience allowance/night pay should be granted, the employee must remember to register the hours of work during this period.