Croatia - Working time - 2011

3 October 2012

Labour Act of 4 December 2009 (Zakona o Radu), as amended up to Act of 20 May 2011 (Zakon o izmjenama i dopunama Zakona o radu).

Act of 7 June 2011 on Public Holidays, Commemoration Days and Other Holidays. Consolidation. Zakon o blagdanima, spomendanima i neradnim danima u Republici Hrvatskoj.

"Working hours" shall mean the period of time during which the employee is obliged to carry out tasks or during which he or she is ready (available) to carry out tasks at the workplace or another place defined by the employer following the employer’s instructions.

"Employee" shall mean a natural person who, as part of his or her employment, carries out certain tasks for the employer.

"Employer" shall mean a natural or legal person employing an employee and for whom an employee carries out certain tasks as a part of his or her employment.

"Overtime work" shall mean the work performed over the limit of full-time hours, that is requested by the employer to the employee in cases of force majeure, an extraordinary increase in the scope of work and in other similar cases of absolute necessity.

Part-time working hours are considered any working hours shorter than full-time working hours.

"Night work" shall mean the work which is performed in the interval between 10 in the evening and 6 in the morning of the next day and, for agriculture, between 10 in the evening and 5 in the morning of the next day.

"Night worker" shall mean an employee who in one day, according to a working time schedule, performs at least three hours during the hours of night work or who, in the course of a calendar year, performs at least one third of his or her working time during the hours of night work.

"Shift work" shall mean a method of organising work at an employer’s workplace whereby employees take turns in the same job and at the same work site in accordance with a working time schedule, which may be continuous or discontinuous, rotating shifts included.

"Shift worker" shall mean an employee whose work schedule, with an employer using shift work pattern, performs his or her job in different shifts over a period of one week or one month.

"On-call" shall mean the period of time during which an employee is prepared to respond to the call of the employer to perform tasks, where necessary. This period of time shall not be considered working time if the employee is not required to remain at his or her workplace or another place defined by the employer.

A "minor" shall mean a person under 18 years old.
A minor may perform work only if he or she has reached 15 years old, is not subject to attending compulsory primary school, and is authorised by his or her legal representative to conclude a specific employment contract.
A minor must not be employed in jobs which may threaten his or her safety, health, morals or development.

Relevant provisions have been not identified.

(No general statutory daily hours limit.)

Full-time working hours must not be longer than 40 hours a week.

Under specific regulations concerning certain workers, collective agreements or agreement between the works council and the employer or employment contract, longer working hours may be scheduled.

Working hours are shortened in proportion to the harmful effect of working conditions on the employee’s health and working ability in jobs in which, despite the application of occupational safety and health measures, it is impossible to protect the employee from harmful effects.

"Overtime work" shall mean the work performed over the limit of full-time hours, that is requested by the employer to the employee in cases of force majeure, an extraordinary increase in the scope of work and in other similar cases of absolute necessity.

If overtime work by a particular employee lasts more than 4 consecutive weeks or more than 12 weeks during one calendar year, or if overtime work by all employees of a certain employer exceeds 10 percent of the total working hours in a particular month, a labour inspector must be notified of such overtime work within 8 days after the arising of any of the above circumstances.

If the labour inspector has suspicions that overtime work may have harmful effects on the employees’ health and working ability, he or she shall fix a time limit within which the employer must obtain an expert report and opinion on this from a physician authorised by a separate regulation.

The labour inspector shall prohibit overtime work if such work has harmful effects on the employees’ health, his/her working ability and safety or if it is carried out contrary to the provisions of the Labour Act.

No worker may perform more than 8 hours of overtime work per week.

Overtime work for each individual employee must not exceed 32 hours a month or 180 hours a year.

Workers performing overtime work shall be entitled to an increased salary. However the amount of this premium compensation is not provided in the Labour Code.

Overtime work by minor employees is prohibited

A pregnant woman, a parent of a child under three years old, a single parent of a child under six years old or a part-time employee may work overtime only if he or she submits to the employer a written statement indicating his or her voluntary consent to such work.

Working time schedules are determined by written decision of the employer unless they are regulated by a regulation, collective agreement or agreement between the worker’s council and the employer.

The employer must notify the employees about the schedule or changes to the schedule of working hours at least one week in advance, except in cases of urgent overtime work.

Where necessary on account of the work process organised in shifts with an employer, full-time work or part-time work need not be distributed evenly by weeks.
In such case, working hours shall be determined as average weekly working time within a period of four months. The working time may be extended up to 48 hours per week.

Work in excess of the agreed full-time or part-time working hours is considered to be overtime work.

Where the nature of work so requires, full-time or part-time working hours may be rescheduled so that in the course of time period, whose duration may not exceed 12 successive months, there may be a period of time with working hours that are longer and another period of time with working hours that are shorter than full-time or part-time working hours, provided that average working hours in the course of rescheduling may not exceed full-time or part-time working hours.

A pregnant woman, a parent of a child under three years old, a single parent of a child under six years old or a part-time employee may work overtime only if he or she submits to the employer a written statement indicating his or her voluntary consent to such work.

The schedule of full-time working hours for a minor employee must not exceed 8 hours a day.

It shall be prohibited for minors to work longer than eight hours a day in the course of rescheduled working hours.

Workers shall be entitled to a rest break of at least 30 minutes after 6 hours of work, unless otherwise specified by a separate law.

In cases where the special nature of the job does not allow the interruption of the work for the purpose of taking a rest break, the time and manner of taking this rest period shall be regulated by a collective agreement, under an agreement between the works council and the employer or in the employment contract.

A minor is entitled to a rest break of at least 30 minutes without interruption after 4,5 hours of work, time of rest which shall be considered working time.

Employees shall be entitled to enjoy a daily rest period of 12 consecutive hours.

Adult employees performing a seasonal job shall be entitled to a daily rest of not less than 10 consecutive hours, provided that such employee is given compensatory rest equivalent in length to the missed rest hours in each eight-day period.

Employees shall be entitled to a weekly rest period of 24 consecutive hours, which shall be added to the daily rest period of the preceding day.

In case of workers performing tasks in different shifts, due to objectively inevitable technical reasons or as a result of organisation of work, the entitlement to the weekly rest may be determined in a continuous duration of no less than 24 hours without adding the 12 hours of daily rest.

The weekly rest period falls on the Sunday, and on the day immediately preceding or following the Sunday if the period is longer than 24 hours.

If an employee cannot exercise his entitlement to a weekly rest, he shall be ensured other period for taking this rest not later than within 2 weeks, as stipulated in a collective agreement, an agreement entered into between the works council and the employer or in the employment contract.

Workers performing work on a Sunday shall be entitled to an increased salary. However the amount of this premium compensation is not provided in the Labour Code.

Salary compensation is set by individual employment contract, employers’ employment rules or collective agreement.

A minor employee shall be entitled to a weekly rest period of 48 consecutive hours.

An employee who is employed for the first time or who has a period of interruption of work between two consecutive employments longer than 8 days acquires the right to annual leave after 6 months of uninterrupted work.

Workers are entitled to one-twelfth of annual leave for each month of work if: the worker does not complete 6 months of employment before the end of the first calander year of employment, the employment relationship is terminated before the expiration of the six-month qualifying period, the employment is terminated before 1 July, or during a calendar year, he or she was employed with several employers, without interruptions between successive periods of employment longer than eight days.

An employee has the right to paid annual leave in the duration of at least four weeks for each calendar year.

An annual leave longer than the minimum period of 4 weeks may be established by a collective agreement, under employment rules or employment contract.

Employees who carry out harmful tasks to their health, despite the application of occupational safety and health measures, shall be entitled to enjoy an annual leave with a duration of at least 5 weeks for each calendar year.

While on annual leave, the employee has the right to salary compensation in an amount determined by a collective agreement, employment rules or employment contract.
The salary compensation may not be lower than the employee’s average monthly salary in the preceding three months (also taking into account any other monetary or in-kind benefits, which represent remuneration for work done).

An employee has the right to take annual leave in two portions, unless otherwise agreed with the employer.

If the employee takes annual leave in portions, he or she must use the first portion, lasting at least two weeks without interruption, in the calendar year for which the right to annual leave is acquired, provided that the employee has acquired the right to an annual leave in the duration of no less than two weeks.

Any outstanding annual leave in excess of the portion of annual leave may be carried over and must be taken no later than 30 June of the next year.

The employer shall prepare a schedule for taking annual leave in accordance with a collective agreement, employment rules, employment contract and this Act no later than 30th June of the current year, and inform the employees about the schedule.

When preparing the schedule for taking annual leave, account must be taken of the needs concerning the organisation of work and the possibilities for rest available to employees.

An employee must be informed about the duration and schedule of annual leave at least 15 days before annual leave is to be taken.

An employee has the right to take one day of annual leave whenever he or she wishes, provided that he or she informs the employer thereof at least three days in advance, unless a collective agreement specifies a different period of advance notification.

An agreement under which an employee waives his or her right to annual leave or accepts payment of compensation in lieu of annual leave is null and void.

A minor employee shall be entitled to paid annual leave of at least 5 weeks for each calendar year.

January 1, New Year’s Day; January 6, Epiphany; Easter and Easter Monday; 1 May, Labour Day; Corpus Christi; 22 June, Anti-Fascist Struggle Day; 25 June, Statehood Day; 5 August, Victory and Homeland Thanksgiving Day and the Day of Croatian defenders; 15 August, Assumption of Mary; 8 October, Independence Day; 1 November, All Saints Day; 25 December, Christmas; 26 December, the first day after Christmas, St Stephen´s Day.

Employees shall enjoy public holidays with remuneration.

Workers performing work on Holidays shall be entitled to an increased salary. However the amount of this premium compensation is not provided in the Labour Code.

Employees are entitled to be free from work obligations and receive salary compensation ("paid leave") for important personal needs, and, in particular, those related to marriage, childbirth of the spouse, serious illness or death of a member of the immediate family, for a total duration of seven working days a year, unless otherwise stipulated in a collective agreement, employment rules or employment contract.

Part-time working hours are considered any working hours shorter than full-time working hours.

The provisions on fixed-term employment contracts apply mutatis mutandis to part-time employees.

An employee shall not enter into part-time employment contracts with more than one employer that result in the total working hours lasting longer than full-time working hours.

When entering into a part-time employment contract, the employee is obliged to inform the employer about the part-time employment contracts already entered into with another employer or employers.

Workers employed part-time who perform work implying harmful effects to their health, may work no longer than the full-time limit.

Where an employee works part-time for two or more employers and such employers fail to reach an agreement on the simultaneous exercise of the right to annual leave, the employers shall enable such employee to use annual leave in accordance with his or her request.

If the previous duration of employment with the same employer is important for the acquisition of certain rights, such may be the case of annual leave, the periods of part-time employment shall be considered to be full-time employment.

"Night work" shall mean the work which is performed in the interval between 10 in the evening and 6 in the morning of the next day and, for agriculture, between 10 in the evening and 5 in the morning of the next day.

"Night worker" shall mean an employee who in one day, according to a working time schedule, performs at least three hours during the hours of night work or who, in the course of a calendar year, performs at least one third of his or her working time during the hours of night work.

Shift workers shall not perform consecutive night shifts longer than one week.

A night worker shall not perform more than 8 hours of work per day, unless otherwise provided for in a collective agreement, but in that case, no longer than 12 hours of work per day.

Night workers shall be entitled to an increased salary for night work. However the amount of this premium compensation is not provided in the Labour Code.

In organising night or shift work, the employer shall invest particular efforts to organise work in a way that is adjusted to employees and take into account safety and health requirements in line with the nature of work performed during the hours of night work or in shifts.

The employer shall provide safety and health protection for night and shift employees in line with the nature of work performed, including safety protection and prevention equipment that are relevant and applicable to all other employees and are available at any time.

An employee who is, based on the working time schedule, assigned to perform his or her job as a night worker, shall, before commencing such work and on a regular basis during the work of night worker, be provided with a possibility to undergo medical examinations, the costs of which shall be borne by the employer.

If the medical examination referred to in paragraph 3 of this Article indicates that a night worker has health problems as a result of night work, the employer shall ensure that such employee receives a working time schedule allowing him or her to perform his or her job outside the hours of night work.
Where this is not possible, the employer shall make an offer to such employee to conclude an employment contract for the performance of tasks outside the hours of night work which he or she is capable of performing and which, to the largest extent possible, must correspond to those jobs that the employee was assigned to earlier.

The employer shall determine a schedule of working hours for a night worker, who is exposed to particular risks or severe physical or mental strains, enabling him or her to work no longer than 8 hours of night work in a period of 24 hours.

For minors employed in industry, night work shall mean the work performed in the interval between 7pm and 7am, and for those employed outside the industry, night work shall comprise the interval between 8pm and 6am.

Night work shall be prohibited for minors, unless it is, on a temporary basis, absolutely necessary to perform such work immediately due to force majeure, provided that adult employees are not available, in which case such night work shall not last longer than 8 hours within a period of 24 hours and provided that minors do not work in the period from midnight to four in the morning.

In case a minor is employed in night work, the employer shall ensure that such work is performed under the supervision on an adult person.

An employer shall not order a pregnant woman to undertake night work, unless the woman herself has so requested and the authorised physician has assessed that such work will not endanger her life or health or the life or health of the baby.

"Shift work" shall mean a method of organising work at an employer’s workplace whereby employees take turns in the same job and at the same work site in accordance with a working time schedule, which may be continuous or discontinuous, rotating shifts included.

"Shift worker" shall mean an employee whose work schedule, with an employer using shift work pattern, performs his or her job in different shifts over a period of one week or one month.

Shift workers shall not perform consecutive night shifts longer than one week.

In organising night or shift work, the employer shall invest particular efforts to organise work in a way that is adjusted to employees and take into account safety and health requirements in line with the nature of work performed during the hours of night work or in shifts.

"On-call" shall mean the period of time during which an employee is prepared to respond to the call of the employer to perform tasks, where necessary. This period of time shall not be considered working time if the employee is not required to remain at his or her workplace or another place defined by the employer.

The compensation is to be determined in an employment contract or collective agreement.

The time an employee spends performing tasks after the call on the part of the employer shall be considered as working time, regardless of whether the tasks are performed at the place defined by the employer or at the place chosen by the worker.

Relevant provisions have been not identified.

Relevant provisions have been not identified.

Relevant provisions have been not identified.

The employer shall consider the application submitted by an employee who is employed full-time to be transfered to part-time employment or viceversa, if such change is possible.

If a pregnant employee or nursing mother performs tasks that pose a risk to her life or health, or the life or health of her child, the employer shall offer her to conclude an agreement assigning her to the performance of other appropriate tasks, which shall replace the relevant provisions of her employment contract for a specific period of time.

If an authorised person or body establishes that an employee has an occupational inability to work or that he or she is in immediate danger of disability, the employer shall, taking into consideration the expert report and opinion of the authorised person or body, offer the employee to conclude an employment contract in writing for the performance of job which he or she is able to perform and which must, to the greatest possible extent, correspond to the job previously performed by the employee.

In such case, the employer shall adjust the work to the abilities of the employee, alter the schedule of working hours, and do his or her very best to provide appropriate job to the employee.

If as a result of a medical examination, it is concluded that a worker has health problems due to the performance of night work, the employer shall, as far as possible, reschedule his/her working time to day-time hours.

Where an employee ceases to exercise his or her entitlement to any modification in his or her working hours, the employer shall return such employee to his or her previous job.

The employer has a duty to inform the works council at least every three months about:
- business situation and results, and work organisation,
- expected development of business activities and their effects on the economic and social standing of employees;
- trends and changes in salaries,
- the extent of and the reasons for the introduction of overtime work,
- number and category of employees employed, employment structure and the employment development and employment policy,
- protection and safety at work and measures taken in order to improve working conditions,
- other issues bearing particular importance for the economic and social position of employees.

Before rendering a decision which is important for the position of employees, the employer must consult the works council about the proposed decision and must supply the works council with the information important for rendering a decision and understanding its impact on the position of employees.