Employers should be proactive in ensuring that the work regimes they adopt for workers allow them to take care of the rest to which they are entitled. Workers may choose to take time off or rest, but employers should not require workers to do so and do not disadvantage them if they choose to take a break instead of work. When a worker chooses a period of rest or rest, the employer is not required to rest compensatory, but the employer remains responsible for the fact that this does not expose the worker to a risk to his health or safety. In all cases where a worker must work for a period that would otherwise be a period of rest or rest, the employer should, as far as possible, grant an equivalent compensatory rest. This includes situations in which workers are excluded from the full right because they have been classified as «special case» workers, shift workers or collective agreements. A night worker is someone who regularly works at least three hours at night. To this end, at least one third of the annual working time is used regularly. Another proportion of annual working time can be determined under a collective agreement. The regulations provide for a minimum termination period of seven days and a maximum of three months. From a technical point of view, it is certainly a question of agreement between the worker and the employer, but there is nothing to prevent a collective agreement. However, if the notice period is changed by a collective agreement, it may be necessary for the employer to require agents to ask them to submit revised opt-out forms.
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. Your work agreement must respect the rules set by the working time provisions. Those who are not legally valid – other than that, workers may choose not to regulate working time, with the exception of annual leave. The WTR presents workers` fundamental rights to periods of rest, rest and annual leave and limits working time. The WTR is implementing the Working Time Directive. Work is considered a particular hazard or a serious or psychological burden when identified in a collective agreement that takes into account the specific effects and dangers of night work. Alternatively, if it is recognized as a significant risk to the health and safety of workers in a risk assessment.