What are the requirements relating to advertising positions?
In accordance with the Employment Relationships Act (ERA-1), an employer that recruits new employees must publicly advertise vacancies or types of work. The public notice must contain the job requirements and the deadline for applications, which may not be shorter than three working days. The ERA-1 also stipulates exemptions from the obligation of public notice.
Wages and working timePay
Is there a national minimum wage and, if so, what is it?
All workers working on a full-time basis (no fewer than 36 hours and no more than 40 hours per week) are entitled to the national minimum wage, while those working on a part-time basis are entitled to a proportionate amount of the minimum wage. The national minimum wage is currently €886.63 per month. In 2020 the minimum wage will be €940.58 per month.
Are there restrictions on working hours?
Yes. Full-time work may not exceed 40 hours per week according to the Employment Relationships Act (ERA-1). The law or a collective agreement may stipulate a working time shorter than 40 hours per week, although full-time work may not be fewer than 36 hours per week.Hours and overtime
What are the requirements for meal and rest breaks?
In accordance with the ERA-1, full-time employees have a right to a 30-minute break during the working day. Part-time employees (in accordance with the ERA-1) who work at least four hours per day are also entitled to a break during the day in proportion to their time spent at work.
Employees must also have a rest period of at least 12 uninterrupted hours within a 24-hour period. An employee whose working time is irregularly distributed or temporarily redistributed must receive a daily rest period of at least 11 hours within a 24-hour period. In addition to the right to a daily rest period, such an employee must receive a rest period of at least 24 uninterrupted hours within a seven successive day period.
How should overtime be calculated?
Overtime work is considered work under special conditions and employees are thus entitled by law to special overtime pay. The amount of overtime pay is determined in the branch collective agreement. Overtime pay is usually between 130% and 150% of an employee’s regular hourly rate of pay.
What exemptions are there from overtime?
The ERA-1 stipulates that overtime work is only permitted in special cases specified in the act. In general, overtime work may not exceed eight hours per week, 20 hours per month and 170 hours per year. However, if an employee consents, overtime work may exceed this limit, but must not exceed 230 hours per year.
Employers cannot require certain categories of worker to complete overtime work, including:
- female and male workers protected by the ERA-1 during pregnancy and parenthood;
- older workers (over the age of 55);
- workers under the age of 18;
- workers whose health may deteriorate based on the written opinion of an occupational medicine provider, whose opinion has been formulated with consideration of a family doctor’s opinion;
- workers whose full-time working hours are shorter than 36 hours per week due to the nature of their job (ie, work that involves a greater risk of injury or health impairments in accordance with the ERA-1); and
- part-time workers in accordance with the regulations on pension and disability insurance, health insurance and other regulations.
Is there a minimum paid holiday entitlement?
Yes, in accordance with the ERA-1, workers have a right to at least four weeks’ annual leave per year, regardless of whether they work full or part-time. The minimum number of days of annual leave depends on the distribution of each worker’s working days within the week.
Longer amounts of annual leave may be set out in a collective agreement or employment contract.
What are the rules applicable to final pay and deductions from wages?
Employers must deduct income tax and contributions for compulsory insurance (ie, for pension and disability insurance, health insurance, unemployment, parental care and injuries at work) from the employee's gross salary.Record keeping
What payroll and payment records must be maintained?
Employers must keep a record of labour costs with information on:
- each employee;
- pay and benefits paid by the employer;
- other labour costs; and
- statutory social security contributions.
Employers must keep documents regarding terminated employees and be able to provide them to the competent authority on request.