Wtd Collective Agreements

Apr 15, 2021 Comments by

The exclusion of on-call time in the workplace could jeopardize existing collective agreements and have significant and disastrous consequences for the organization of work in many sectors. Any form of “inactivity” – for example. B at servers in restaurants – could potentially be excluded from the regulation of working time. Such an approach would make it even more difficult for workers with families to manage their time. In the event of objective or technical reasons or reasons for the organization of work, a collective agreement may also be concluded so that the reference period is no more than 52 weeks for certain workers or groups of workers. The leave provisions that are covered by these regulations may be covered by a collective agreement or, failing that, the notice period a worker must grant should be at least twice the length of the requested leave period. An employer`s refusal must be made within a period of time corresponding to the leave requested. Member States are free to authorise a 12-month reference period not only through collective bargaining, but also through law, after consultation with social partners, while complying with the obligations of Directive 89/391/EEC on health and safety to consult their workers only in certain cases. Only “active” child care time is defined as working time, unless Member States or collective agreements regulate something else; The inactive part of the on-call time may even be considered a daily or weekly rest, if provided by law or collective agreements. The 48-hour week is only a reasonable limit on working time if the reference period is not too long.

The current situation, in which long reference periods are allowed only on the basis of collective bargaining, guarantees a situation of “negotiated flexibility” that takes into account the interests of workers and their families. Employees may also be night workers if there is a collective agreement (for example.B. union contract) that stipulates that their work is night work. Any collective or labour agreement that purports to terminate an adult worker`s right to opt out of the 48-hour week is null and void. — The four-month reference period can already be extended to one year, but only in some cases on the basis of collective bargaining. — Member States cannot apply the 48-hour cap on the basis of voluntary agreements with individual workers, known as opt-outs. The pause should be taken during work, not at the beginning or end.

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