Problematic aspects of working time duration and working time regime

This master thesis analyses legal regulation and related theoretical and practical problems in labour law of working-time, working-time duration and working-time regimes. In accordance with the law, working time is defined as the calendar time during which the employee performs work functions aligned with the labour or collective agreement. It is noted that the objectives of working-time, working-time duration and working-time regime are distinguished in this work. In the authors opinion, one of the main aims of such legal regulation is to protect the health and (or) life of workers by determining (limiting) the working-time. This master thesis identifies three main types of working-time and the problems of legal regulation. Normal working-time is defined by the principle of working hours in a week, which is highlighted by ILO Convention No. 47. It is noted that the compatibility of Directive 2003/88/EB with the ILO Convention No. 47 is defined depending on weekly working-time duration. Legislation shortens working hours for individual, vulnerable categories of workers. Also for workers who work in their health at work and whose work is associated with greater mental, emotional stress. It is noteworthy that in practice there are a number of cases where there is no agreement on additional work, which raises disputes about the function being performed, as well also n working-time and working-time arrangements. The concept of the working-time regime is also under consideration and is defined in the legislation as the allocation of the working time standard over the given calendar period. For better disclose the concept of working-time regime, the types of working-time regime and their specific characteristics for individual species are presented. Also working-time regime problems with the application of the different types are presented too. Theoretical and practical aspects of legal regulation related to working-time accounting are also discussed. It shout be noted that one of the main purposes is to ensure accurate time accounting in order to fight undeclared work and to account for all data related to working-time and working-time regime