Working time is the time when the employee performs their duties. It is assumed that the employee works full-time (8 hours per day, 40 hours per seven-day period), but the employee may also work part-time. Over a seven-day period, the employee may work a maximum of 48 hours on average. In agreement with the employee and provided that the agreement is not unfair, the employee may work an average of 52 hours over a seven-day period.
The method for calculating working time may be what is known as conventional, whereby the employee works 8 hours a day from Monday to Friday, or summarised, with an unequal distribution of working time during the calculation period. The time at which working time begins and ends is indicated either in the employment contract, in the rules governing the organisation of work, or in the working time schedule (in the case of summarised working time).
More information on working time can be found on the work-life portal Tööelu.
Rest periods
The employee must have a rest break during the working day. After 6 hours of working, the employee has the right to rest for at least 30 minutes, but the employer may grant the employee a 30-minute break earlier. This is a break within a working day which is not counted as working time, unless the nature of the work makes it impossible to grant a break and the employer creates an opportunity for the employee to rest and eat during working hours.
In addition, the employer must provide the employee with breaks which are counted as working time during working days or shifts. Breaks must be provided in order to avoid physical overload and prevent damage to health caused by psychosocial hazards, i.e. if work is physically demanding, including working in a forced position or mentally tense work. Granting the breaks must be based on the working environment risk assessment determining whether the work includes a hazard which makes it necessary to allow a break counted as working time.
The employee must be able to rest for at least 11 consecutive hours daily, i.e. there has to be at least 11 hours between the end of one working day and the beginning of the following one. On a weekly basis, the employee with conventional working hours must be guaranteed a minimum of 48 consecutive hours of rest, and the employee with summarised working hours of 36 consecutive hours of rest.
More information on rest periods can be found on the work-life portal Tööelu.
Overtime
If the employee works more than the time agreed upon, it is overtime. In the case of summarised working time, overtime is calculated at the end of the calculation period.
Overtime must be agreed upon by the employer and the employee on a case-by-case basis. An overtime work agreement with a minor and with an employee who comes into contact with hazards in the working environment and whose working time has therefore been shortened pursuant to law is null and void. The employer may demand that the employee works overtime only in case of emergency, i.e. there is a risk of damage to the employer’s assets. However, the employer cannot demand working overtime of a minor, a pregnant woman, or an employee who has the right to pregnancy and maternity leave.
Overtime is compensated with paid time off or at a rate of 1.5 times the wages.
More information on overtime can be found on the work-life portal Tööelu.