BANK OF HOURS SCHEME

» Concept

The Bank of hours’ scheme consists of the possibility to increase the normal work time by setting daily, weekly and annual limits

» Regime

Patterns and Limits

Presently, the Labour Code sets three bank of hours’ patterns:

a) Bank of hours set by collective regulation

It is set by collective labour regulation instrument. Under this modality the normal daily work time may be increased up to 4 hours/day, 60 hours/week, 200 hours/year

The annual limit may be removed by collective labour regulation instrument when it aims to avoid reduction of public employees. The annual limit shall only be applied for 12 months period

The collective labour regulations instrument shall govern:

- The compensation of the work time increase by proportional reduction of the normal work time, increase of holiday days or cash payment

- The deadline to communicate the need to perform work under this scheme

- The period when a reduction of the work time shall be possible in order to compensate for the performance of increased work time, as well as the time in advance to inform when such reduction will take place

b) Individual bank of hours

It depends upon the public employee’s agreement. The agreement is made in writing, following a written proposal from the public employer and acceptance is presumed if a refusal in writing is not presented by the public employee, within a time limit of 14 days

Under this modality the normal working time may be increased up to 2 hours/day, 50 hours/ week and 150 hours/year

The agreement shall stipulate the compensation for the work provided under this pattern and other specific aspects

c) Group bank of hours

The collective labour regulation instrument that fixes the bank of hours’ scheme may provide for the possibility of the public employer to apply the agreement to all public employees on a team, section or organic unit on the following situations:

When, at least, 60% of the public employees on that structure are covered by the agreement due to affiliation in the signatory trade union and by choice of the agreement as applicable or,

When the workers of the team, section or organic unit covered by the agreement are in equal or higher number to the corresponding percentage set in the contract

Should the agreement proposal for the individual bank of hours be accepted by, at least, 75% of public employees on a team, section or organic unit to whom it was addressed the public employer may apply the same scheme to all public employees within that structure

» Release

The public employee is entitled to be released from performing activity, on an bank hours’ regime, in cases of pregnancy, public employee who has recently given birth or is breastfeeding, student-worker

» Appointed staff

To appointed public employees shall only be applied individual bank of hours, following a proposal by the public employer and accepted by the public employee and group bank hours in the scope of individual bank hours