Working hours

No employer may require an employee to work beyond the statutory working hours (40 hours per week) without first obtaining authorisation from the Labour Inspectorate to work overtime.

An unexpected order has just come in and you want your staff to work overtime: that’s no problem – employees cannot refuse, but you must first obtain written authorisation from the Labour Inspector.

Furthermore, overtime will be paid at a rate that varies depending on when it was worked.                                                          

Special cases 

In certain sectors, working hours exceeding the statutory working week (40 hours per week) but equivalent to it are permitted, either due to the nature of the work or its intermittent nature.

These cases of equivalence are:

• 56 hours per week for security, surveillance and fire services; 
• Continuous working hours, subject to a 24-hour rest period per week and two weeks’ paid annual leave in addition to the statutory leave entitlement, for caretakers and porters who are accommodated on the premises they are responsible for;
• 42 hours per week for staff assigned to sales in wholesale and semi-wholesale trade, docks and warehouses, as well as retail outlets selling miscellaneous goods; 
• 48 hours for cooks;
• 50 hours per week for staff other than cooks in pubs, cafés, restaurants and hotels;
• 46 hours per week for staff employed in the retail sale of foodstuffs;
• 260 hours per month for domestic servants and house staff.

Penalties for lateness or absences  

Employers are prohibited from imposing fines on employees. In other words, late arrivals and unauthorised absences must not be deducted directly from the worker’s wages. In the event of lateness or absence, the employer shall apply one of the sanctions set out in the company’s internal regulations (a warning, a reprimand, suspension or even dismissal).                                 

What should be done if an employee refuses to work overtime?

In accordance with the law, an employee may not, in principle, refuse to work overtime authorised by the employer.

They may refuse in two circumstances:

• If previously worked overtime has not been paid;
• If prior authorisation from the labour inspector has not been obtained.

Can a refusal to accept a change to working hours be considered misconduct?

For various reasons, an employer may change the working hours of some of their employees. Can these employees refuse to comply with the new timetable? More specifically, can their refusal constitute misconduct?

Changing your employees’ daily working hours falls within your managerial authority. You may therefore change your employees’ working hours without this constituting a change to their employment contract. This is simply a change to their working conditions which does not require your employee’s consent and which you may therefore impose.

There are, however, exceptions to this principle. You are, in fact, required to seek your employee’s consent in the following cases:

- Where working hours are set out in the contract and are therefore an essential element of the employment contract;

- Certain changes constitute a modification of the employment contract because the disruption is so significant. This is particularly the case for a change:

• From day shifts to night shifts and vice versa,
• From fixed hours to flexible hours and vice versa; or
• From continuous to split shifts and vice versa;

- Where the change unduly infringes your employee’s rights, their right to respect for their private and family life, and their right to rest. This may be the case if the change causes transport or childcare problems, if it affects the employee’s health, or if it does not allow for sufficient rest time.

In all other cases, you may require your employees to adopt a new arrangement for their working hours.

Key terminology

 Compensatory time 

In the event of a collective work stoppage resulting from accidental causes or force majeure (equipment failure, loss of power, adverse weather conditions, etc.), with the exception of hours lost as a result of strikes or lock-outs, the working day may be extended to make up for the hours lost, in accordance with the legislation in force.

 Extension 

 The actual daily working time may be extended beyond the limits set for normal working hours at the establishment for work or operations which, due to their nature or exceptional circumstances, cannot technically be completed within the statutory time limits.

Hours worked under these exemptions shall be paid at the normal rate. The sectors of activity affected by these extensions shall be determined by order of the Minister for Labour.