Did you know that the hours you actually spend performing productive work tasks have a name? It’s a concept called effective working time, which specifically measures the period of time during which an employee is engaged in assigned responsibilities.
In fact, in many workplaces this concept is used to calculate employee productivity and efficiency, as well as to determine compensation and other employment benefits. In this article, we’ll discuss the legal regulations regarding effective working time and other related issues. Want to know more? Keep reading!
As we explained at the beginning, effective working time is a labor concept that refers to the period during which an employee performs their assigned tasks. According to Directive 2003/88/EC, it includes any period during which the worker remains at work, at the employer’s disposal, and in the exercise of their activity or duties.
This directive specifically establishes that all workers must have adequate rest periods, and that the concept of rest must be expressed in units of time, such as days, hours, or fractions thereof.
Meanwhile, Royal Legislative Decree 2/2015 states that training activities and courses for employees are considered effective working time. It also explains that the working week cannot exceed 40 hours and the daily working day cannot be longer than 9 hours, although this may vary depending on the collective agreement.
Additionally, the Supreme Court of Spain has confirmed that breakfast periods and the 15-minute grace period after the start of the working day must be considered as effective working time.
In the labor context, commuting refers to the movements an employee makes to fulfill their work responsibilities. Considering this, commuting to and from the workplace is not considered effective working time unless it is an integral part of the employee’s work duties.
However, in certain jobs — especially those that require continuous coverage, such as healthcare, security, or shift-based production — the time required for the handover between workers may be considered part of effective working time. For example, if an employee must wait for their replacement before being able to leave the workplace, that time could be considered as such, since the employee is available and ready to perform work tasks during that period.
An on-call period means that an employee must be available to work, respond to calls, or attend emergencies for a certain time outside of their regular working hours. During this period, the employee may be in the office, at home, or another designated location, but must be ready to respond quickly if a situation arises that requires their attention.
So, are on-call periods considered effective working time? The answer is: it depends. They may be considered as such if the employee is present at their workplace (not at home) and available to their employer. However, if the worker has freedom to manage their own time during these periods and is not performing work duties, these on-call periods are not necessarily counted as effective working time.
In Spain, the regulation of on-call periods is complex. For example, according to a Supreme Court ruling, non-presential on-call duties that only require phone availability should not automatically be considered effective working time. This is because workers have the autonomy to choose their location and manage their personal, family, and social time, as long as they maintain phone availability and the ability to attend the workplace when required, without a predefined minimum response time.
Finally, here are some elements you should take into account when calculating effective working time. Take note!
Would you like to learn more about other laws that impact the world of work, such as the remote work law or the minimum wage increase? Keep reading with us on the Educa.Pro blog!
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