United States: Employment Law Lookout: Switching Off: Making Sense Of Working Time Laws In Europe

Last Updated: September 16 2016
Article by Ming Henderson

In the last five years, with the development of information technology and mobile devices, the distinction between being "at work" and "off work" has been profoundly altered.

Working time is no longer confined to being in an office and working days are both more intense and infinitely extendable, making monitoring working time even more complex.

Coupled with a global economy, many employees feel that they are permanently connected to their work, irrespective of time zones and local laws.

EU working time laws are rapidly developing to deal with this trend and the negative impact it's having on employee health and wellbeing. The sanctions for employers breaching these laws are potentially serious. This means that one of the most challenging issues facing global companies today is juggling time zones effectively and responding to business 24/7 without falling foul of working time laws.

Trying to figure out the local time of employees based in different time zones is a complex task in itself. Thankfully, there are a variety of user-friendly apps that can do the maths for you. But understanding the labour law rules when employees are operating in a different time zone is even more daunting, and unfortunately, no app is available to crunch this data for us.

For example, employees working on global projects will often be expected to dial into calls outside their regular local business hours and/or to respond to emails late at night. Though most internationally-minded employees may be willing to accommodate the requirements of their manager or client based overseas, in the EU, asking employees to work beyond their standard hours poses many challenges for employers in complying with working time regulations.

The EU Directive on Working Time (2003/88/EC) of 4 November 2003, directly connects working time to health and safety matters. For this reason, it specifies a series of principles employees should respect to preserve their sanity:

  • a maximum of 48 working hours per week;
  • a minimum rest period of 11 hours, every 24 hours;
  • a minimum weekly rest period of 24 uninterrupted hours for each 7-day period (in addition to the 11 hours above); and
  • paid annual leave of at least 4 weeks per year.

There are additional working time arrangements for specific industries such as the transport sector and sea workers, and to make things more complex, each jurisdiction within the EU has supplemented the Directive with its own laws and sector specific agreements, so the variations are quasi-infinite.

The potential sanctions for non-compliance are high-stakes for employers. They include penalties and claims for overtime payments (sometimes over several years prior) and can extend to criminal records for the company's representatives, damages for breach of contract or liability for work-related injury and harassment. In recent debates, it has been suggested by the EU commission and selected EU countries that not recording all workers' working hours might constitute an offence of undeclared work, which in turn is connected to modern slavery, and can have a severe impact on an organisation's reputation and brand.

In recent debates, it has been suggested by the EU commission and selected EU countries that not recording all workers' working hours might constitute an offence of undeclared work, which in turn is connected to modern slavery, and can have a severe impact on an organisation's reputation and brand.

France, a pioneer in intricate working time laws, introduced a new Labour Law on 2 August 2016, safeguarding an employee's 'right and duty to switch off from work'. This right was previously found in the Syntec collective bargaining agreement governing most software companies in France and was utilised in a handful of workplace agreements of major French groups and even some German groups. They have made this part of the labour code, thus obliging all employers in France to include this topic in their annual negotiations effective January 2017.

In practice, French employees will still be allowed to occasionally join late calls or work with colleagues in different time zones, but employers should avoid expecting this routinely from their employees and managers. Though it is still unclear how the reform will fully play out, we anticipate employers will, beyond the negotiation obligations explained above, need to implement a mechanism, and, for those employing more than 300 employees, launch a corporate policy, ensuring such a right is effectively recognised and takes into account specific business working patterns and requirements.

Some employers may choose to simply pay lip service to the reform, yet it clearly states that from 1 January 2017 companies will have a duty to actively support the employee's right to switch off their devices: this will include, as a strict minimum, verifying employees comply with rest periods and stating that they are allowed not to respond to emails during rest periods – or even ensuring software supports compliance.

A straightforward approach could be to adopt a policy allowing employees who work internationally to start work later or earlier, raising awareness of the virtues of having a healthy work life balance, creating group discussions to propose practical solutions to achieve work life balance, and monitoring with employees' input any issues relating to excessive connections to their work device.

For companies who have a health and safety committee, they must be closely involved in the design and monitoring of the company's plans.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.