Labor laws define the maximum working hours and also specify what is referred to as effective working time. This concept can differ from a standard workday and includes tasks that may or may not be considered effective working time. Due to the complexity of this concept, companies often use time and attendance software. Practical and automated, it represents a significant time-saving tool for businesses.
Let's take a moment to understand the meaning of effective working time. According to labor code definitions, it corresponds to a time when an employee:
Effective working time cannot be calculated if one or more of these conditions are not met, unless there is a company agreement.
Working time also corresponds to a professional activity subject to remuneration and is based on the employee's presence in the company, equivalent to a number of hours worked in a day, week, or month. Labor laws currently set the maximum working time in many countries at 35 hours per week.
Employers must know how to calculate effective working time to determine whether an employee should be compensated for overtime and whether this time is included in the determination of paid leave or requires special compensation.
It is, therefore, important to know which tasks are considered working time and which are excluded. Let's now specify the activities that fall under this effective working time.
When calculating effective time, employers consider various criteria. Here, we list the usual employee activities, which can be modified according to the type of company (public or private) and internal or collective agreements.
The employee's commute to their workplace is generally not counted as effective working time. No financial compensation is usually provided, except for some companies located in large cities that, under certain conditions, cover part of the transportation costs.
If the commute is exceptionally changed at the employer's request, such as traveling to another company site, compensation will be paid to the employee, either financially or as compensatory rest.
Finally, in the case of an employee with a disability, the commute may provide for additional rest as compensation.
The start and end times of the workday as specified in the contract or communicated to the employee in case of a specific request from the employer mark the beginning and end of the calculation of effective working time. It is, therefore, important to verify that the hours recorded in the time management software are regularly updated, especially during periods of increased activity and overtime.
Some positions require preparation before starting the assigned work. This may involve equipping oneself with professional equipment, changing personal clothing for a uniform or company clothing. These times are automatically considered effective time since the employee equips or changes as soon as they start their shift. They can also leave their workstation earlier to change again and end their workday.
This is a frequently debated issue. Coffee breaks are generally not deducted from effective working time. The lunch break, however, interrupts working time and is excluded, even if the employee stays to eat on the company premises.
If the employer assigns a task during this period, such as answering phones or participating in a company lunch, the time is then included in effective working time.
Business travel is, of course, part of effective working time since the employee leaves the company to meet a client or supplier. The same applies to travel from one company site to another.
These are part of effective working time since the event is organized by the company and the employee is usually invited to participate during their working hours.
In the case of an event taking place outside working hours, the time spent is then paid as overtime.
Training sessions are considered 100% working time if they are organized by the employer and are mandatory. If the employee participates in non-mandatory training set up by the company, the hours spent are not counted as effective working time if they are performed outside regular working hours.
Created in 2017, with the advent of the internet and email, the right to disconnect allows employees not to be connected during their rest hours. They are not required to respond to emails or messages sent to them outside their working hours.
If they do, the hours spent are not counted as effective working time but are considered a voluntary and completely unpaid act.
