The employer must ensure that all employees whose working hours are not always the same, are provided with a work schedule that specifies when they are working.
Work schedule, shift schedule, rota, shift and rota plan
From 01 July 2024, all employment contracts must include a description of workplace procedures for shift changes. Employees are entitled to at least 14 days’ notice before a work schedule is implemented, unless otherwise provided by a collective agreement.
What is a work schedule?
A work schedule, also known as a shift schedule, rota, or shift and rota plan, is a written and predictable overview of when each employee is expected to work.
The work schedule should specify working hours and include information about the following:
- which weeks the employee is working
- which days the employee is working
- when the workday begins and ends
An employee is entitled to a work schedule if they work at different times of the day and their working hours cannot be specified in their employment contract. This applies to employees who
- do not work in accordance with a fixed pattern
- work shifts or in a rota system
If you have fixed working hours or a regular pattern to your working hours, the total duration and arrangement of your daily and weekly working hours shall be specified in your employment contract.
Workers who are called in to work when they are needed are not entitled to notice in the form of a work schedule 14 days before it is implemented. But many such workers still have a work schedule. When they do, the employer must comply with the rules for when the plan must be ready and follow the proper procedure for changing it.
Example: If you are on call throughout the year, but you work more during holidays, a work schedule may be prepared for the holidays.
Changing individual shifts that are not on a work schedule
If an on-call or standby worker has an agreement with the employer to work a particular shift, the employee is entitled to payment for the shift, even if it is cancelled.
The employer may have reserved the right to cancel the shift, or may have included a clause in the employment contract that could affect the consequences of cancellations.
When must the work schedule be available?
The work schedule must
- be ready and discussed with employee representatives at least 14 days before the schedule is implemented
- be easily accessible
- provide employees with information about when they will be working and when they will be off work
The work schedule is intended to provide workers with a minimum standard of predictability.
Please note that a collective agreement, if it applies to the workplace, may require a longer or shorter notice period.
Can the employer change the work schedule?
The employer may change the work schedule if
- the changes have been discussed with the employee representative(s), and
- the employees receive notice of the changes at least 14 days before they are implemented
Please note that collective agreements may include clauses that regulate the employer’s right to change a work schedule after the workers have received notice.
From 01 July 2024, all employment contracts must include a description of the workplace’s procedures for shift changes.
The employer and the employee can agree on shifts with less than 14 days’ notice, but the employee would normally not be obligated to accept.
An employee would nevertheless be obligated to work if
- the collective agreement allows a shorter notice period
- unforeseen circumstances arise and it becomes necessary to order employees to work to prevent damage or injury or the risk of damage or injury
- there is a situation with an exceptional and time-limited need, and employees are ordered to work overtime on short notice
The main rules are:
- An employment contract is binding, and the employee is entitled to the work hours and the pay they have agreed with the employer.
- If your employer changes your work schedule, you are not automatically entitled to an inconvenience allowance. If you are entitled to an inconvenience allowance because of cancellation, it will be regulated by your employment contract or a collective agreement.
- The employee may be forced to accept that their shifts/working hours are moved to a later time, as long as the employee is given at least 14 days’ notice.
Changing the work schedule with less than 14 days’ notice is a violation of the Working Environment Act.
Repeated and systematic breaches of work schedule requirements means that employees
- have less predictability in when they are working and when they are off
- are subjected to health strain
- could find it more difficult to handle their social and familial commitments
Violations of the Working Environment Act could lead to sanctions from the Labour Inspection Authority in an inspection.
What can I do if my rights are not respected?
If your employer does not respect your rights as an employee, you can try to
- report the matter to your immediate supervisor and ask for a meeting to discus your concerns as an employee and your rights. You can refer to the Working Environment Act or our website. If the problems affect other employees, too, and not just you, it can be a good idea to discuss the problems with your colleagues who are also affected.
- contact and ask for help from your employee representative and your union if you are a member of one, or the workplace safety representative.
- report your concern to the Labour Inspection Authority if you believe your workplace has objectionable practices. We take all reports seriously and will consider whether an inspection is warranted. Please note that the Labour Inspection Authority’s work is risk-based, and we do not have enough capacity to follow up on every report we get.