Offering extra work

The Employment Contracts Act (55/2001) obliges employers to offer extra work to any current part-time employees before hiring new employees. In other words, if an employer requires more employees for a job that is suitable for a current part-time employee, the job must be offered to this employee first. If necessary, the employer is also obliged to make use of working time arrangements according to the collective agreement in place in the company to satisfy the obligation to offer extra work.

The starting date of employment does not have any bearing on offering extra work. An employee who has worked for the employer for years does not have priority over someone who was hired a week ago. If accepting the job requires training that the employer can reasonably organize, it must be organized.

An employer must offer extra work to all interested employees on its own initiative and as equitably as possible. However, the employer does not have to offer extra work to employees who have specifically requested a part-time employment contract or who have informed the employer that they do not want extra hours. Employees may notify the employer of their willingness to take on extra work at any time, at which point they must be considered in the normal way when extra work is available.

The working time calendar helps keep track of extra shifts

PAM’s working time calendar helps you look after your own rights and interests. You can use the calendar to note down all the work shifts you have done and keep track of opportunities for extra work. You can order PAM’s working time calendar free of charge.

Checklist for extra work:

• The employer is obliged to offer extra work.
• Work must be offered to part-time employees suitable for the job.
• Extra work must be offered when a full-time job becomes vacant or ‘extra’ working hours become available.
• You don’t have to ask for extra work – the employer must offer it. Nevertheless, it’s a good idea to express your willingness to take on more work.
• As an employee, you can notify the employer at any time of your willingness to take on extra work as from a specified date – even if you had previously told the employer otherwise.
• The employer must organize any reasonable training if accepting the job requires it.
• The employer must be equitable when offering extra work.
• The employer must make use of working time arrangements according to the relevant collective agreement to satisfy the obligation to offer extra work.
• The employer must generally offer work up to 37.5 weekly hours.
• There is no obligation to offer overtime work.
• Shift rotas are important to determine the right for extra work and calculate the compensation.
• As an employee, you or a representative you have authorized can request to see the shift rotas – if you don’t succeed, you can turn to labour protection authorities for help.
• The employer is required to submit a copy of work shift rotas on request by labour protection authorities.
• The shop steward has the right to receive information on the company’s employment contracts (see the collective agreement in your own sector).