202005.04
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The main provisions of the government decree no. 104/2020 (IV.10.) on the supplementation of the labour rules within the framework of the Economic Protection Action Plan of the government decree no. 47/2020 (III.18.) on the immediate measures necessary to mitigate the impact of the coronavirus pandemic on the national economy

  • 24-month working time banking
  • The government decree supplementing the labour rules defined by government decree no. 47/2020 (III.18.) allows for the employer to order at most 24-month working time banking unilaterally. In addition to this, the employer is entitled to extend the working time banking up to 24 months ordered before this decree entering into force.
  • The termination of the state of emergency does not affect the employment based on the working time banking ordered in this way.
  • Rules in the Labour Code (Mt.) which do not allow derogation
  • Within the meaning of the decree, the provisions concerning working schedule and rest time do not allow derogation, so the general provision of the section 6 (4) of government decree no. 47/2020 (III.18.) based on which the employee and employer may derogate from the provision of the Labour Code by their agreement, has been limited.
  • The provisions of the Labour Code, which do not allow derogation, are the following:

Section 99 

(1) The scheduled daily working time of an employee may not be less than four hours, except the part-time work.

(2) According to the work schedule:

a) the daily working time of employees shall not exceed twelve hours;

b) the weekly working time of employees shall not exceed forty-eight hours.

(3) As regards the employees employed under Subsection (2) of Section 92, -based on the parties’ mutual consent – according to the work schedule:

  1. the daily working time of employees shall not exceed twenty-four hours;
  2. the weekly working time of employees shall not exceed seventy-two hours;

if so agreed by the parties in writing. The agreement may be terminated by the employee with fifteen days notice effective as of the last day of the calendar month, or the last day of the working time banking arrangement if applicable. If the agreement is terminated the employee may not be placed at any disadvantage unlawfully, having regard to Sections 6 and 7.

(4) The scheduled daily or weekly working time of employees may exceed the time limits specified in Subsections (2)-(3) by a maximum of one additional hour, if the date of switching to winter time falls inside the employee’s working hours as defined in the work schedule.

(5) The duration of overtime work performed according to:

a) Paragraph a) of Section 107 shall be included in the employee’s daily working time;

b) Section 107 shall be included in the employee’s weekly working time.

(6) The scheduled daily working time of employees shall include the entire duration of on-call duty, if the duration of work cannot be measured.

(7) In the case of an irregular work schedule, the duration of scheduled weekly working time shall be taken into account on the average

a) within the period defined under Subsections (1) and (2) of Section 94, or

b) where justified by objective or technical reasons or reasons related to work organization, within a twelve-month period according to the collective agreement.

(8) As regards the employers operating by the work schedule specified according to Subsection (5) of Section 102 instead of working time banking, Paragraph b) of Subsection (2) and Paragraph b) of Subsection (3) shall not apply in connection with any calendar week when work is performed on Saturday as well.

53. Daily rest period

(1) At least eleven hours of uninterrupted rest period shall be provided after the conclusion of daily work and before the beginning of the next day’s work (hereinafter referred to as “daily rest period”).

(2) The daily rest period shall be at least eight hours for employees working:

a) split shifts;

b) continuous shifts;

c) multiple shifts; or

d) in seasonal jobs.

(3) The daily rest period shall be at least ten hours if it falls on the date of switching to summer time, or at least seven hours in the cases under Subsection (2).

(4) Where Subsection (2) or Subsection (3) applies, the total duration of two consecutive daily rest periods shall be at least twenty-two hours.

(5) After an inactive stand-by period the employee shall not be entitled to a rest period.

54. Weekly rest day

Section 105

(1) Each week two rest days must be scheduled (weekly rest day). Weekly rest days may be scheduled irregularly as well.

(2) In the case of an irregular work schedule, after six consecutive days of work at least one weekly rest day shall be allocated.

(3) In the case of an irregular work schedule, for employees:

a) working in continuous shifts;

b) working in shifts;

c) employed for seasonal work;

at least one weekly rest day shall be allocated per month.

(4) With the exception set out in Paragraph f) of Subsection (1) of Section 101, at least one weekly rest day shall be allocated at least once in a given month on a Sunday.

55. Weekly rest period

Section 106

(1) In line of weekly rest days, each week employees shall be given at least forty-eight hours of uninterrupted weekly rest period.

(2) With the exception set out in Paragraph f) of Subsection (1) of Section 101, the weekly rest period of employees shall be allocated at least once in a given month on a Sunday.

(3) In the case of an irregular work schedule, in lieu of the weekly rest period specified in Subsection (1) employees may be allocated – in accordance with Subsection (2) – an uninterrupted weekly rest period comprising at least forty hours in a week and covering one calendar day. Employees shall be provided at least forty-eight hours of weekly rest period as an average of working time banking or the payroll period.

  • The limitation in the decree does not affect the specific derogating rule of section 135 (4) of the Labour Code, which affects the employees employed in the field of person and goods transportation.
  • Provisions of collective agreement
  • Provisions of collective agreement derogating from the rules of present decree shall not be applied during the application of this decree.

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