Abolition of additional agreed overtime and other labour-law changes in the healthcare sector
The beginning of the year brought new conditions for health professionals. The amendment to the Labour Code mainly responds to widespread protests by healthcare workers against the recent extension of overtime work in their sector, and to other demands loudly voiced by healthcare trade unions and hospital associations. The amendment thus abolishes the regulation of additional agreed overtime, which had only been in force for a few months, and introduces further changes in the working hours and rest periods for healthcare employees.
A fundamental change, put through as a result of strike threats, is the abolition of the (re)introduction of additional agreed overtime work for health professionals. From 1 October last year, the Labour Code allowed health professionals to work up to 16 or even 20 hours of overtime per week, upon individual agreements. Now, healthcare workers are again subject to the same legislation as other employees.
Longer working hours and special rules for continuous operation
The amendment also introduces the possibility of longer working hours and related special rules for longer shifts for healthcare workers in continuous operation at providers of inpatient care or ambulance services. In these cases, working hours may be up to 24 hours over 26 consecutive hours. The 26-hour cycle was chosen with regard to the employer's legal obligation to provide employees with a break for meals and rest. To apply this procedure, the parties must enter into a written agreement for a maximum of 52 consecutive weeks. This agreement may be terminated with an immediate effect by the employee or the employer within 12 weeks of its conclusion or by notice at any time without having to give a reason. The employer shall inform the respective labour inspectorate of the conclusion of such agreement and is obliged to keep an up-to-date list of all employees with whom such agreements have been concluded.
If, as a result of such a longer shift, the employee is not provided with even a shortened continuous daily rest (i.e. 8 hours in 24 hours), the employer must, at the end of that shift, provide the employee with the unprovided continuous daily rest (i.e. 11 hours minus the number of hours provided) plus the standard (unreduced) continuous daily rest (11 hours); this means a rest period of at least 22 hours after the end of a 24-hour shift. This rest cannot be further reduced, nor can it be considered a continuous weekly rest.
Under the new rules, it is also possible to agree with a healthcare employee on reducing the amount of their continuous weekly rest. The amendment introduces the possibility of averaging the minimum continuous weekly rest within a settlement period of up to 4 consecutive weeks, in the total amount of at least 140 hours. However, this change is to be abolished on 1 July 2024.
Only practice will tell
The adopted changes aim to ensure working conditions in the healthcare sector that will allow for a better work-life balance for healthcare employees and at the same time improve accessibility of healthcare services. However, only practice will show their real impact.