Variable working hours
Variable working hours - Alasivu
The employment contracts with variable working hours do not determine any fixed working hours, but the employee’s working hours fluctuate between the agreed minimum and maximum hours. The number of working hours can be agreed to be, for example, 0–40 hours per week or 10–30 hours per week. When the minimum working hours have been determined at zero hours during a week or a longer period of review, it is referred to as a so-called zero-hour contract. When the employee undertakes to perform work for the employer when separately asked to do so, it is also considered a variable working hours arrangement.
Provisions on variable working hours are included in the Employment Contracts Act 55/2001 and the Working Hours Act 872/2019.
Provisions included in these acts contain the following:
- conditions for agreeing on variable working hours (Employment Contracts Act, chapter 1 section 11)
- negotiations regarding minimum working hours (Employment Contracts Act, chapter 1 section 11)
- a report on the principal terms and conditions of employment must be provided when observing variable working hours (Employment Contracts Act, chapter 2 section 4)
- pay during illness (Employment Contracts Act, chapter 2 section 11)
- pay for the period of notice (Employment Contracts Act, chapter 6 section 4 a)
- employee’s consent to additional work (Employment Contracts Act, section 17)
- consultation of the employee on work shifts which exceed the minimum working hours (Employment Contracts Act, section 30).
To which types of contracts does this apply?
- A working hours clause where no minimum working hours have been agreed upon, but the maximum amount of regular working time has been agreed (for example, 0–40 hours per week)
- A working hours clause where minimum and maximum working hours have been agreed for regular working hours (for example, 15–35 hours per week)
- A contract under which the employee is called to work separately and which includes no agreement on regular working hours (0 hours per week).
And to which not?
- Average working hours and flexible working hours
- Working hours arrangements where the employee is able to decide on his or her amount of working hours, such as work based on commission or work based on other incentive wage arrangements where the employee can decide on the amount of work to be performed
- In principle, the Working Hours Act does not apply in such contractual relations
- Arrangements where a fixed-term employment is agreed between the parties for each occasion of work
- A so-called framework-agreement model (cf. called to work as needed)
Conditions for agreeing on variable working hours
- At the employee’s initiative (the reason, such as studying, should be recorded in the employment contract)
- At the employer’s initiative when the need for labour force is not fixed
- If, in fact, the working hours prove to be fixed, the variable working hours clause is invalid and the working hours clause must be interpreted as fixed.
- Cannot be agreed at the employer’s initiative to be fewer than required by the employer’s actual labour need
Negotiations regarding minimum working hours
- If the actual working hours demonstrate that the agreed working hours clause has been agreed to be too small for the employer’s actual need for labour (for example, the fluctuation range is 0–40 hours per week), the employee can request a negotiation to amend the working hours clause.
- The review period is the previous six months
Requires the employee to be active
The employee has the right to use an assistant in the negotiations
If no agreement is reached on new minimum working hours, the employer must submit a written statement to the employee on the grounds justifying how the valid working hours clause still corresponds to the actual labour need.
Report on the principal terms and conditions of employment
- The information on the working hours must be included in the employment contract or a written statement on the main terms and conditions concerning the employment
- When variable working hours are observed, the employer must also provide a statement on the need for labour force
- A separate statement or a part of the employment contract/statement on the main terms and conditions concerning the employment
- Non-binding, informative only
- A statement describes situations when the employer is probably in need of work contribution
Pay during illness when observing variable working hours
- The employee is entitled to pay during illness, if he or she had would have been working when fit for work.
- In practice, this can be demonstrated on the basis of markings in the work shift schedule, for example
- If the employee’s shifts have not been marked in the work shift schedule, the employee is entitled to pay during illness, when;
- a shift has been agreed upon otherwise, or
- under the circumstances, it can otherwise be taken for granted that the employee would have been at work when fit for work (for example, always at work on Mondays).
- Exceptions concerning pay during illness can be made on the basis of a collective agreement
Pay for the period of notice when observing variable working hours
- The general provision is the usual pay
- If the amount of work offered by the employer during the period of notice is less than the average amount offered in the last 12 weeks preceding the last work shift, the employer must compensate for the loss in income caused by the smaller amount of work
- Not entitled to pay when the employment has lasted for less than one month
The provisions concerning working hours when observing variable working hours
Consent to additional work
- Additional hours can be required in addition to the working hours indicated in the work shift schedule only with consent from the employee
- The consent is restricted and it can only be given
- specifically for each work shift, or
- for short periods (such as peak hours).
Consultation of the employee on work shifts which exceed the minimum working hours
- For minimum working hours (for example, 10–30 hours per week), the employee’s position is equivalent to that of an employee observing fixed working hours
- When the employer wishes to mark work shifts exceeding the minimum working hours in the work shift schedule, the employee must be given the possibility to notify within a specified time limit to what extent and with what conditions he or she can accept the work shift
- Reserving a possibility for consultation is sufficient
there are no formal requirements for a consultation
for example, the employee can notify the days when he or she is not available for work in any case
Exceptions concerning consultation can be made on the basis of a collective agreement
Example: Working hours in accordance with the contract are 10–30 hours per week: