Uneven distribution of working time

What it means

Uneven distribution of working time is a way of organising work in which an employee does not work the same number of hours every week. Some weeks they work more, others less, but on average over a set period they must not exceed the statutory weekly working time.

The Labour Code allows it where the nature of the work or operating conditions require it, for example in shift work, hospitality, healthcare, transport or seasonal work. The period over which the average is calculated is limited, and longer periods require agreement with employee representatives.

Limits still apply under an uneven schedule: a maximum shift length, uninterrupted daily and weekly rest and breaks. The employer must set the schedule in advance and tell staff within the statutory notice period, not the day before.

How it works in practice

For payroll, an uneven schedule is harder to record. Hours above the norm in a given week are not automatically overtime if they are part of the pre-set schedule. Overtime is work beyond the schedule that the employer ordered or agreed to.

For companies with fluctuating workloads, a working time account is an alternative offering even more flexibility and smoother pay. The choice depends on whether the fluctuations can be planned in advance.

Accurate attendance records are the foundation. At an inspection, the labour inspectorate compares the schedule, the hours actually worked and the average over the period. Discrepancies lead to back-payment of supplements and a fine.

What to watch out for

The most common mistake is changing the schedule at the last minute to suit current needs and calling it uneven distribution. This does not meet the legal conditions, and work beyond the original schedule may be treated as overtime with supplements.

The second risk is exceeding the average at the end of the period. If an employee worked more than they should over the period, the difference must be paid as overtime. Checking during the period allows the schedule to be adjusted in time.