Employer obligations regarding staff scheduling

Published on
October 26, 2023
Employer obligations regarding staff scheduling

The staff schedule is a legally binding document for employers. The company must follow several recommendations set out in the Labor Code and collective agreements during all stages of schedule creation. This includes respecting the legal working hours, dating and signing the document, and ensuring clear and readable content. In addition, internal constraints such as production targets, financial goals, and employee satisfaction must also be considered. Using scheduling software helps companies create compliant schedules while simplifying the process.

Creating a work schedule

Definition of the work schedule

A work schedule is a paper or digital document listing employee working hours and leave. Employers use it to allocate tasks and manage work organization. For employees, it acts as a roadmap, allowing them to view their schedule for a given period (week, month, year) and plan their personal time accordingly.

Steps for creating a schedule

Identifying operational needs

The first step is to define production goals and workforce requirements. Seasonal peaks or project deadlines should also be considered. Some industries, like restaurants, experience higher activity during holidays, summer, or weekends.

Choosing the scheduling model

Once needs are clear, the employer must choose a scheduling model suited to the industry and business needs. Fixed schedules are common, but some sectors prefer rotating or flexible shifts. In rotating schedules, shifts change weekly to distribute workload evenly, often used in 24/7 industries such as hotels, pharmacies, or security services.

Considering employee input

A well-managed schedule supports employee productivity. Employers should ensure good working conditions by applying practices such as:

  • offering part-time contracts to reduce fatigue
  • proposing flexible work hours, allowing employees to choose preferred shifts
  • enabling shift swaps between employees
  • setting realistic deadlines to avoid excessive pressure
  • assigning tasks based on employee skills
  • respecting employee availability, especially for unscheduled events
  • ensuring mandatory rest periods are followed
Selecting a format

Employers can choose between paper or digital schedules. Digital tools offer ready-to-use templates, customizable to company needs. They reduce errors and save time while offering clearer, easily adjustable formats.

Mandatory information for a compliant schedule

The schedule must comply with collective agreements and the Labor Code. It must include:

  • start and end times for each shift
  • break periods
  • rest days
  • weekly hour distribution
  • schedule validity period

The document is submitted to the labor inspectorate, which checks compliance with legal working hours:

  • maximum 10 hours per day
  • maximum 48 hours per week
  • minimum 35 consecutive hours of rest per week
  • maximum 6 working days per week

Choosing the presentation format

Employers are free to choose the format. Digital schedules allow employees to access their shifts anytime, unlike paper schedules that may get lost or damaged. Online HR tools also enable quick adjustments and allow employees to apply for available shifts directly.

Communicating work schedules

notice period for schedules

While the law does not impose a specific notice period for providing schedules, collective agreements often do. Without a set agreement, employers must provide at least 7 days' notice before the schedule takes effect. Early communication prevents:

  • employee unavailability
  • dissatisfaction within teams
  • organizational issues

Display obligations for collective schedules

If a company uses collective schedules (same hours for all employees or groups), the employer must display them in a visible, accessible location within the workplace. For offsite teams, schedules must be posted at the affiliated location. Each schedule must be dated, signed by the employer, and sent to the labor inspectorate.

Penalties for non-compliance

Failure to display schedules can result in a fine of up to €750. Not submitting schedules to the labor inspectorate is considered an offense, punishable by a €37,500 fine and possible imprisonment.

Handling individual schedules

If every employee has a unique schedule, display obligations do not apply. Employers are not required to provide paper copies either, but employees must still have access to their schedule within the company.

Using HR software is recommended for efficient communication. Employees can access their schedule online 24/7, and automatic notifications inform them of any changes. Real-time updates help staff adjust their personal plans in advance.

Using HR software to ensure compliance

Creating compliant schedules can be complex, as companies must balance:

  • legal scheduling rules
  • productivity targets
  • financial goals
  • employee preferences and availability

HR software considers all these factors and automatically generates customized schedules. The system ensures compliance with working time regulations and employer-defined hours. When changes occur, schedules can be updated quickly without errors. Employees have full visibility, and communication is streamlined.