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Outline of working hours rules

Outline of working hours rules

Aarhus University’s outline of working hours rules

6 December 2010/AU HR

Overtime and inconvenience allowance must be reported to the Payroll Office on this allocation form for hourly pay/additional work/overtime etc.

The allocation form must be certified by the department. 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.

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.

Section 6 deals with local flexible working hours regulations.

Table 1 - Outline

Table 1 - Outline

Public servants
Clerical staff
Laboratory technicians
Skilled workmen
Cleaning assistants etc., United Federation of Danish Workers
Security staff (Caretakers)

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

1. Public Servants, Clerical Staff, Laboratory Technicians, Skilled Workmen, United Federation of Danish Workers, Cleaning Assistants and Security Staff (Caretakers)

Section references in this part relate to the Circular on Working Hours in the State Sector in Denmark (Cirkulære om arbejdstidsregler for tjenestemænd i staten) (2008).

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.

1.1 Number/extent of working hours - section 4 (joint provision)

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.

Example calculation of working hours:

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.

1.2. Calculation of time worked - section 7 (joint provision)

As a general rule, all time is counted since there are no rounding-off rules.

Time worked is calculated as follows:

  • Workdays are included as the time between the employee’s arrival at the workplace and when he/she can leave the workplace. Breaks are included if they are shorter than half an hour and the employee is available to the employer and not allowed to leave the workplace.
  • Days on which the employee is entitled to be absent with pay, e.g. sick days, time off in lieu, holidays and paid leave. These days are included as the number of hours the employee should have worked on the day in question. If there is no set number of hours for the day in question, 7.4 hours are counted for full-time employees. A pro rata share of 7.4 hours is counted for part-time employees.
  • The amount of time spent on work-related travelling is counted, both when in Denmark and abroad, but is subject to a maximum of 13 hours in a day. The 13-hour limit only applies to actual travelling time, however.

In this context day means a period of 24 hours calculated from the start of the working day in question.

  • Being on call at home is counted as one-third time and being on call in the workplace as three-quarters time.
  • Being called in to work with less than 24 hours notice is counted as at least 3 hours. This does not apply, however, if it is extension of the planned work or if the employee is on call.

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.

1.3. Remuneration for overtime and additional work - sections 8 and 9 (joint provision)

Payment for overtime - section 8

If the time worked exceeds the working hours of the standard period (1 month), the employee receives either:

•        Time off in lieu for a corresponding number of hours plus 50%

•        Hourly pay plus 50%

•        or a combination of the two

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.

Remuneration for additional work

These rules apply to the following members of staff:

•        employees covered by the executive pay agreement,

•        employees exempt from the rules on overtime pay under another agreement, and

•        employees with a controlling influence on the organisation of their work and scheduling of their working hours, or whose normal work is otherwise not verifiable.

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.

1.4 Inconvenience allowance, section 13 (special rule for standard-hours workers)

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:

•        Weekdays: 17.00 to 06.00 (including Monday morning)

•        Weekends: 00.00 on Saturday to 24.00 on Sunday

•        Holidays that fall on a working day: 00.00 to 24.00

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.

1.5 Weekend allowance, section 14 (special rule for standard-hours workers)

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

•        Time off in lieu for a corresponding number of hours plus 50%

•        Hourly pay plus 50%

•        a combination of the two

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.

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.

Table 2

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:
- Overtime: + 50% for all hours, see section 8
- Additional work: based on a quantitative and qualitative assessment of the additional work, including its scope, the effort put in and the results achieved, plus any special circumstance in which the additional work was carried out.
Part-time employees: paid only if the full-time norm has been met.

After 17.00 and for work in weekends and on holidays that fall on a working day = 25% of hourly pay

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.

All hours = 50%
+ 25% inconvenience allowance = 75% of hours worked to be paid

Independent of any overtime pay under section 8/9


Not included in standard period

Part-time employees: paid regardless of whether the number of working hours exceeds the full-time norm or not.

Table 3 - Examples of remuneration for work outside normal daytime working hours

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.

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):

Table 4

Section 8, overtime pay

Section 13, inconvenience allowance

Scenario 1
The monthly norm has been exceeded by 4 hours, with no corresponding time off being granted in the standard period

Section 8(1):


4 hours of time off in lieu + 50% = 6 hours of time off in lieu

OR

4 x hourly pay + 50% = 6 hours of pay


OR

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
The monthly norm is not exceeded, with corresponding time off (4 hours) being granted in the standard period

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:

Table 5

Section 13, inconvenience allowance

Section 14, weekend allowance

Scenario 1
The Saturday represents extra work over and above normal work

Allowance for the period from 10.00 to 14.00 = 4 x 25% of hourly pay

4 hours of time off in lieu + 50% = 6 hours of time off in lieu


OR

4 x hourly pay + 50% = 6 hours of pay


OR

a combination of pay and time off in lieu

Scenario 2
The monthly norm is not exceeded, with corresponding time off (4 hours) being granted in the standard period

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

1.6 Days off and cancellation of days off, sections 15 and 16 (special rules for out-of-hours workers)

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).

Table 6

Calculation of 1 day off (section 15):


If a full calendar day is not included = 40 hours

e.g. off from 01.00 on Wednesday to 17.00 on Thursday

If a full calendar day is included = 36 hours
e.g. off from 00.00 on Wednesday to 12.00 on Thursday

Calculation of several days off (section 15):


If two full calendar days are not included = 64 hours
e.g. off from 03.00 on Sunday to 19.00 on Tuesday

If two full calendar days are included = 56 hours
e.g. off from 00.00 on Sunday to 08.00 on Tuesday

1.7 Inconvenience allowance - section 17 (special rule for out-of-hours workers)

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.

Table 7 - Summary

Standard period, section 4

Days off, section 15

Cancellation of days off, section 16

Inconvenience allowance, section 17

1 month


All travelling time (subject to a maximum of 13 hours per day) and course time are included in the calculation as ordinary working hours.

Extra hours are paid as either:

- Overtime: + 50% for all hours, see section 8
- Additional work: - Based on a quantitative and qualitative assessment of the additional work, including its scope, the effort put in and the results achieved, plus any special circumstance in which the additional work was carried out.

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.

2. Groups not covered by the rules for public servants

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).

2.1 Gardeners

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) (1 December 2008)

and

b)      Night pay rules

The rules on working hours in the Trade Union Agreement for Gardeners etc. (1 December 2008) are summarised in the table below:

-  For further clarification, please see the agreement

Table 8

Standard period, section 9

Overtime, section 10

Night pay rule - see below

Notice and call-out, section 10

4 weeks


Daily working hours are fixed by the institution in consultation with the employees taking account of the institution’s requirements.

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)


Saving up hours/time off to use at a later date - see section 9 (5)

Employees are compensated for extra hours with:
+ 50% in the form of overtime pay or time off in lieu

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.


Time off in lieu for overtime must be taken within 3 months of the overtime taking place.

Employees receive night pay, see section 2.2

Notice:
Employees are to be given notice of any extension of working hours the day before.

Allowance for lack of notice:

DKK 9.70 per hour.


Payment for being called in to work when not on call:

Employees are paid for a minimum of 3 hours.

2.2 Night pay rules

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.

Section 1: Night pay

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.

Section 2: Allowance for weekends, public holidays etc.

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.

Table 9

Monday

Tuesday - Friday

Saturday

Sunday and public holidays

00.00-06.00

Night pay, section 1
Weekend allowance, section 2

Night pay, section 1

Night pay, section 1

Night pay, section 1
Weekend allowance, section 2

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
Weekend allowance, section 2

Night pay, section 1
Weekend allowance, section 2

2.3 Collective Agreement with the Danish Confederation of Professional Associations (AC-overenskomsten)

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.

Academic staff

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 with availability obligation

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.

Senior management and specialist/senior consultants

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).

Reporting additional work

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.

3. Special information on local flexitime rules

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.

Saving hours in a flexitime account

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.

Exceeding a flexitime account

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.

Inconvenience allowance/night pay

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.

In the event of any inconsistency between the Danish and English language versions of the document, the Danish version prevails.

Version 25-04-2012_eng. 

Comments on content: 
Revised 2014.12.09

Aarhus University
Nordre Ringgade 1
DK-8000 Aarhus C

Email: au@au.dk
Tel: +45 8715 0000
Fax: +45 8715 0201

CVR no: 31119103

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