Employment rights in the collective labor agreement Cleaning Ras

Questioner

I work 38 hours in cleaning and fall under the CAO cleaning Ras. I have to work 6 weekends, so Saturday and Sunday in a row. Is this allowed? Well, I read in the working hours decree that you have to be free 26 weekends a year, I only have 16 weekends off. Is this allowed. I do have to mention that I fall under the participation law. I have been working for my employer for 2 years now and have a permanent contract.

Lawyer

The RAS collective labor agreement does not contain a provision stating that there must be 26 free weekends. Working hours The normal working hours are an average of 38 hours per week over a period of 4 weeks. Working hours and rest The Working Hours Act applies. The following provisions apply to employees who work during normal working hours in a schedule that allows work to be performed during the day, evening and night hours: a. The schedule must be made known to the employee at least 4 weeks in advance. b. a service will be a minimum of 4 hours and a maximum of 9 hours per day and there will be no split services. c. the normal working hours of an average of 38 hours per week will, by way of exception to Article 11, be achieved over an average of 12 weeks. d. The number of night shifts ending after 2:00 a.m. is a maximum of 140 per 52 weeks, or a maximum of 38 hours of work between 00:00 and 06:00 a.m. per 2 weeks. e. a maximum of 20 shifts are scheduled during a 4-week pay period. The employee who works a shift of at least 4.5 hours, with at least 1 hour of working time falling between 0:00 and 06:00, is entitled to a break of 0.5 hours during this shift. This break is paid on the basis of the hourly wage in accordance with article 1 paragraph 7 of the CAO. If the employer assigns new work to an employee who has already completed his or her normal work, the time between the normal and the new work is considered working time with a maximum of one hour. Special hours allowance Employees who work in the evenings, at night, on weekends or on public holidays receive a 50% allowance on basic wages on Saturdays and Sundays

Questioner

I work in shifts. Day and evening. Allowances are settled because I only get 33 hours in the evening shift. I know what is in the CAO, but the general Working Hours Decree does state that there must be 26 free weekends. What my question was also whether I can work 6 weekends in a row? I work 6 weekends in a row and then have 3 free.

Lawyer

An employee has at least 13 free Sundays per year. A collective labor agreement may stipulate that the number of free Sundays is less than 13, but even in this case the employee must agree to this. Sunday rest Sunday work no work on Sunday, unless: • in accordance with the type of work and agreed or • necessary in connection with the type of work or operating conditions • agreed with Works Council (in case of absence: interested employees) • individual consent free Sundays 13 (per 52 weeks) any other number1, provided that: • individual consent if less than 13 free sundays per year In view of the above, you are allowed to work 6 weekends in a row.

Questioner

I work in shifts. Day and evening. Allowances are settled because I only get 33 hours in the evening shift. I know what is in the CAO, but the general Working Hours Decree does state that there must be 26 free weekends. What my question was also whether I can work 6 weekends in a row? I work 6 weekends in a row and then have 3 free. You have a Working Hours Decree and Working Hours Act. What is the difference? Because what I found is in the Working Hours Decree.

Questioner

I work in shifts. Day and evening. Allowances are settled because I only get 33 hours in the evening shift. I know what is in the CAO, but the general Working Hours Decree does state that there must be 26 free weekends. What my question was also whether I can work 6 weekends in a row? I work 6 weekends in a row and then have 3 free.

Lawyer

The Working Hours Decree (ATB) is part of the Working Hours Act (ATW). The ATB contains general provisions that make it possible to deviate from the ATW on a number of standards for working and rest times for employees aged 18 and over. The rules in the ATW are sufficient in most situations, but for certain professional groups and/or sectors the rules in the ATW are not sufficient because the nature of the work can lead to violations. This includes work within the Fire Brigade, Healthcare or Hospitality sectors. To accommodate this, various deviation standards have been determined in the ATB. The Working Hours Decree contains working and rest time rules that apply generally, but also rules that only apply to certain sectors. All these sectors have to deal with both the rules from the ATW and the rules from the ATB. In most cases, the ATB can only be used if it is included in the collective arrangement. Your collective labor agreement does not refer to the ATB. ATW Determination: The Working Hours Act does not contain regulations on the maximum number of weekends to be worked per year. The Working Hours Act does contain regulations regarding Sunday work: No work is performed on Sundays, unless otherwise agreed and arising from the nature of the work (such as in healthcare). Working on Sundays must be agreed with the employee by the employer, for example in a collective or individual employment contract. In the case of working on Sundays, there must be at least 13 free Sundays per 52 weeks. This can be deviated from by means of a collective arrangement, so that it becomes possible to work more than 40 Sundays per year. Sunday provision: In case of work on Sundays, at least 13 free Sundays per 52 weeks.