Working time exemption: what is it and when can it be applied?
Exemption from working hours is often used as a mechanism to make the employment relationship more flexible, in the interests of both the employer and the employee.
But can any worker, regardless of their job, be exempt from working hours? Does this regime confer the right to additional remuneration?
Generally speaking, exemption from working hours means that workers are not subject to a prior determination of the times when they start and end their daily work.
The application of this regime must be the result of a written agreement between employee and employer and can correspond to one of three different modalities:
- Non-subjection to maximum normal working hours
Aims to allow normal working hours to exceed 8 hours a day or 40 hours a week. - Possibility of a certain increase in the normal working period, per day or per week
In this case, it is agreed that the employee can be asked to work more than 40 hours a week or 8 hours a day, but subject to a certain limit.
For example, it is agreed that the employee can be asked to work 1 hour more per day.
- Observance of the agreed normal working period
Here it is agreed that the start time, rest break and end time of work can vary, but with respect for the limit of 8 hours a day and 40 hours a week.
The law stipulates that the regime of exemption from working hours can only be applied to a worker who is in one of the following situations:
- Holding an administrative or management position, or functions of trust, supervision or support for the holder of these positions;
- Carrying out preparatory or complementary work which, due to its nature, can only be done outside of working hours;
- Teleworking and other cases of regular activity outside the establishment, without immediate control by a hierarchical superior.
However, the regime may be extended to other situations when this is the result of the applicable collective regulation instrument (as is often the case).
