We are on the verge of one of the most anticipated moments of the year for many: time change in October 2023. early morning hours Next Saturday, that is, until Sunday, October 28, the 29th will be celebrated beginning winter timeAnd with this, the following question comes to the mind of those who will be working at that time: Is this hour considered overtime and should they pay extra for working during shift changes?
The answer to this question is more complex than it seems and depends largely on the collective agreement governing the work in question.
Rule of the Game: Should We Be Paid Overtime for Working on Shift Change?
Article 35 The Labor Regulations determine this overtimeabout those carried out during the maximum period of jordinary business attire. Now the way these overtime hours are compensated can vary significantly.
According to this article, the collective agreement or, in its absence, the individual employment contract determines whether these overtime hours will be paid in cash or covered by equivalent paid rest time. In no case can the value of overtime be less than the value of a regular hour.
Unless specified in the collective agreement or individual agreement, the law provides that these overtime hours must be covered by rest for the worker “within four months of completion”. It is important to note that Overtime is considered work performed more than 40 hours per week..
Night Workers Case
For those who fulfill their duties night programsCollective agreements usually specifically time change. In these cases, overtime and night work are compensated by additional hours paid simultaneously or rest time as specified in the contract.
There are agreements containing special clauses regarding the official time change days in both winter and summer. In such cases, staff usually start their shift before the shift change, so that it does not affect their working day.
In situations where 24-hour shifts or on-call operations are carried out, such as in security guards or emergency services, one hour of overtime or undertime counts as one hour of overtime or undertime, with the time change not being an issue.
March Time Change: What if we work 1 hour less?
The time change in March, when the clocks were brought forward, meant that workers’ nights were shorter and they spent one hour less time at work. How does this affect you? fees Or is there a need to make up for this time?
For workers with indefinite or temporary contracts lasting one year or more, these fewer hours do not mean a reduction in their salaries or a return of time to the company. This period is offset on the night of the autumn time change, when the clocks go back.
However, workers who have hourly contracts or only work the night of the time change in March will see their wages decrease because they work one hour less.
In summary, The time change in October and March may have different consequences. workers depending on the type of collective agreement and contract. Therefore, it is important to refer to the contract and understand the rules that apply in each specific employment situation.