Overtime in Healthcare
If you work in healthcare, you have undoubtedly noticed the heated discussion regarding the new regulation on overtime, which has been in effect since October 1st. This concerns the so-called "additional agreed overtime work in healthcare."
Overtime refers to work performed beyond the established weekly working hours and regular working time. Previously, there was a limit of 8 hours of overtime per week (on average). Under the current legal regulation, you can work up to twice that amount in overtime in healthcare.
The change applies to healthcare professionals working in continuous operations related to the provision of healthcare services in inpatient care or emergency medical services, namely:
Doctors, dentists, and pharmacists
Healthcare workers, non-medical healthcare professionals working in continuous work schedules
If you do not agree to perform additional agreed overtime work, you cannot be forced to do so, nor can you be subjected to any detriment. Overtime can only be ordered by the employer in exceptional cases and only for serious operational reasons.
How Many Overtime Hours Can You Work?
You can work up to 16 hours of overtime per week on average. Eight hours can be worked as “standard” overtime, and an additional 8 hours can be worked as overtime in healthcare. The average is calculated over 26 consecutive weeks, so one week you might work more than 8 hours of overtime, but the important factor is the average over the entire period.
If you work as an emergency medical service provider, you can work up to 12 hours of overtime per week on average. You can only work additional overtime if you have agreed with your employer on the additional agreed overtime work.
Agreement on Additional Agreed Overtime Work
The employer must conclude an agreement on additional agreed overtime work with you in writing. The employer cannot conclude this agreement within the first 12 weeks of your employment. The agreement can be made for a maximum period of 52 consecutive weeks.
You may terminate the agreement without providing a reason, but only after 12 weeks from the conclusion of the agreement. The termination of the agreement must be done in writing and delivered to the employer. Alternatively, you can terminate the agreement. If you do so, a notice period of 2 months applies, unless another notice period has been agreed upon with the employer.
The employer must maintain an up-to-date list of all employees who are performing additional agreed overtime work. You cannot perform overtime or additional agreed overtime work in healthcare if you are a pregnant employee or if you are caring for a child under 1 year of age.
Know Your Employee Rights
Overtime should only be performed in exceptional cases and for serious operational reasons. The employer cannot force you to work overtime or subject you to any detriment.
Due to the reactions to the introduction of overtime in healthcare, further changes may be expected. However, it is important to note that according to the current legal regulation, additional agreed overtime work in healthcare will remain in effect until 2029.
Is your employer forcing you to work overtime? Are you facing the threat of dismissal if you refuse overtime? Contact us, and we will help you. We assist employees in issues related to workplace injuries, severance pay, occupational diseases, and wrongful dismissals.
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O vaše práva zaměstnance se stará Advokátní kancelář Ing. Mgr. Ladislav Šmarda, se sídlem v Olomouci a Praze, ČAK 18060
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