Flexitime arrangement is an arrangement in which the employee may, within agreed limits, determine when to start and finish his/her daily working time. The employer may thus not oblige the employee to use flexitime. Most senior salaried employees use flexitime arrangements.
The employer and the employee agree on the flexitime arrangement. The minimum requirement for the agreement is the daily core working hours when the employee has to be present at the place of work. At the same time, the placement of flexitime and rest periods shall be agreed. Also the length of the flexitime period, up to four hours, shall be agreed upon.
The weekly regular working hours may not exceed an average of 40 hours (+/- the agreed flexitime length) during a four-month reference period.
When agreeing on a flexitime arrangement, the maximum accrued excess or deficit of the regular working hours shall be agreed upon. At the end of the reference period, the accrued excess may not exceed 60 hours and the deficit may not exceed 20 hours.
The employee and the employer may agree that the accrued excess is set off by paid leave. At the request of the employee, the employer shall try to arrange the paid leave in entire working days.
Flexitime agreements which are valid until further notice may be terminated at the end of the working time reference period. A fixed-term agreement of more than one year may be terminated after four months from its conclusion, similar to an agreement which is valid until further notice.
Overtime in flexitime arrangements
In flexitime arrangements, overtime shall be compensated according to the Working Hours Act. Flexitime allows for a certain degree of flexibility at both ends of the working day but does not exclude accumulation of overtime. In flexitime arrangements, overtime work must be explicitly agreed upon.
In flexitime arrangements, daily overtime is work exceeding eight hours of work in any 24 hours period. Weekly overtime is defined as work performed on a day off, based on the work roster, which exceeds 40 hours without being daily overtime. Also work performed, in addition to fixed working hours and at the employer’s request, which results in exceeding the maximum accumulation of flexitime at the end of the reference period is defined as overtime.