Act No. 262/2006 Coll., Labour Code, § 79-85, 78(h) 95 and 140
Normal Working Hours
Working time is the time during which the employee is obliged to perform work for the employer and the time during which the employee is ready to perform work at the workplace according to the employer’s instructions.
The length of set weekly working hours shall be 40 hours per week. Working hours are usually distributed over a 5-day working week. The length of a shift may not exceed 12 hours, inclusive of overtime.
Shorter Working Hours
An employer and employee may agree to shorter working hours as compared to the set weekly working time. In such cases, the employee shall be eligible for wages corresponding to the agreed shorter number of working hours.
Even distribution of working hours
A schedule in which the employer schedules the specified weekly working hours for individual weeks, or shorter working hours.
Unequal distribution of working hours
A schedule in which the employer does not distribute the specified weekly working hours or shorter working hours evenly for individual weeks, but the average weekly working hours may not exceed the specified weekly working hours or shorter working hours for a maximum period of 26 weeks in a row. However, via a collective agreement the limit can be increased to a period of a maximum of 52 consecutive weeks.
Schedule of Working Hours
The working hours including the beginning and end of shifts are scheduled by the employer. Working hours are generally scheduled within a 5-day working week. The employer shall prepare a schedule of weekly working hours and shall notify of any change to the employee no later than 2 weeks before the beginning of the period for which working hours are scheduled unless otherwise agreed with the employee.
Two shift pattern – A pattern (schedule) of work organization in which the employee rotates in two shifts during a period of 24 consecutive hours.
Three shift pattern – A pattern (schedule) of work organization in which employees rotate in three successive shifts during a period of 24 consecutive hours.
Scheduled Weekly working hours – The length of the set weekly working time is 40 hours per week. Employees who work two shift patterns – weekly hours is 38.75 hours and those who work three shifts or a continuous pattern of shift – weekly hours is 37.5 hours.
Flexible Working Hours
A flexible working time regime refers to time periods of basic and optional working hours, the start and end of which are decided by the employer. During basic working hours, the employee shall be present at the workplace. And during the optional working hours, the employee decides the start and end of the working time. The total length of the shift must not exceed 12 hours.
With a flexible distribution of working hours, the average weekly working hours must be performed in the 26 weeks in a row and no longer than 52 consecutive weeks.
Flexible working time arrangement does not apply during the employee’s business trip, at the time of taking leave, in case it is necessary to ensure an urgent work task in a shift – the beginning and end of which are fixed, if it cannot be applied due to operational reasons, at the time of important personal obstacles at work, in other cases as may be specified by the employer. In these cases, a predetermined schedule of weekly working hours into shifts shall apply to the employees, which the employer is obliged to determine.
On-call time means the period during which the employee shall be prepared to perform any work under the employment agreement, which must be performed in excess of the employee’s shift schedule in case of urgent need. On-call time may only be at another place agreed with the employee, different from the employer’s workplaces.
An employee may be required to perform on-call duty only if it is agreed between the employer and employee. During the period of on-call time, an employee is entitled to remuneration of at least 10% of average earnings.
Any on-call duty performed by an employee above the set weekly working hours is considered overtime work. For overtime work, an employee is generally entitled to 25% of average earnings. The on-call time during which work is not performed shall not be included in working hours.