Did you know that the hours you actually spend on productive work tasks have a name? It’s a concept called actual working time and which specifically measures the period of time in which an employee is committed to the responsibilities assigned to them.
In fact, in many workplaces this concept is used to calculate the productivity and staff efficiency, as well as to determine pay and other employment benefits. In this article, we’ll discuss the legal regulations on actual working time and other related issues. Would you like to find out more? Read on!
Case law on actual working time
As we explained at the start, effective working time is an employment concept that refers to the period during which an employee is carrying out their assigned tasks. According to the Directive 2003/88/EC This refers to any period during which the employee is at work, at the employer’s disposal and the performance of their work or duties.
Specifically, this directive stipulates that all workers must have adequate rest periods, and that the concept of rest should be expressed in units of time, that is to say, days, hours or fractions thereof.
For its part, the Royal Legislative Decree 2/2015 stipulates that the activities and training courses are considered actual working time for employees. It also explains that The working week must not exceed 40 hours and the working day may not exceed 9 hours, although this may vary if so provided for in the collective agreement.
Furthermore, the Supreme Court of Spain has confirmed that the breakfast times and the 15 minutes’ free time time after the start of the working day must be regarded as actual working time.
Is travel time included in actual working time?
In the context of employment, travel refers to the journeys a worker makes in order to fulfil their work responsibilities. With this in mind, journeys to and from the workplace are not considered working time, unless is an integral part of one’s job responsibilities of the employee.
However, in certain jobs, particularly those requiring continuous cover, such as healthcare, security or shift-based production, the time required for the rotation amongst workers may count as part of actual working time. For example, if an employee has to wait for their replacement to arrive before they can leave the workplace, this could be regarded as such, as the employee is available and ready to carry out work tasks during that period.
On on-call periods and working hours
A on-call period means that an employee is available to work, answer calls or to deal with emergencies for a certain period of time, outside their normal working hours. During this time, the employee may be in the office, at home or at another designated location, but must be ready to respond promptly should a situation arise that requires their attention.
So, are on-call periods considered actual working time? The answer is: it depends. They may be considered as such if the employee is present at their place of work (other than their home) and available to their employer. However, if the employee has the freedom to manage your own time during these periods and is not carrying out their work duties, these on-call periods are not necessarily counted as actual working time.
In Spain, the regulations governing on-call periods are complex. For example, according to a ruling by the Supreme Court, off-site on-call duty, which involves being contactable by telephone, should not automatically be regarded as actual working time. This is because employees have the autonomy to determine their location and manage their personal, family and social time, provided they remain available by telephone and are able to attend the workplace in specific cases, without a predefined minimum time requirement for doing so.
Factors to bear in mind when calculating actual working time
Finally, here are a few things to bear in mind when calculating actual working time. Take note!
- Hours worked: This is the actual time spent carrying out specific work tasks. It includes time spent on work-related activities, such as meetings, projects or dealing with customers.
- Breaks and rest periods: Authorised breaks and rest periods during the working day must be taken into account. These breaks may include lunch breaks, short coffee breaks or other permitted brief breaks.
- On-call hours: If the job involves periods on call, it is important to establish how this time is recorded.
- Commuting: If an employee needs to travel as part of their job responsibilities, it is important to consider whether travel time counts as actual working time. This may vary depending on whether the journey is an integral part of the job or simply to get to the workplace.
- Training courses: Time spent on training and activities relating to professional development is generally regarded as actual working time, provided that it is directly related to the employee’s job responsibilities.
- Waiting periods: If an employee has to wait during their working day without being able to carry out other productive tasks, this time could be regarded as actual working time, depending on the circumstances and the applicable labour regulations.
- Labour regulations: It is essential to be familiar with and comply with local labour laws and regulations, as these may set out specific standards regarding how actual working time should be calculated and compensated.
Would you like to find out more about other laws that affect the world of work, such as the teleworking or the increase in the minimum wage? Keep reading our blog at Educa.Pro!
