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Reduction in working hours days (ATV days) are extra days off that an employee accrues by working more hours than contractually agreed. Unlike statutory holidays, there are no legal regulations for ATV days. What applies is primarily determined by the collective labor agreement and the employment contract.
What are ATV days?
ATV days arise when the actual working hours exceed the agreed working hours; the difference is compensated with time off. For example, someone works 40 hours while the contract is based on 38 hours and accrues the difference as ATV. It contributes to a better work-life balance.
No statutory regulation
Unlike vacation days, ATV days are not regulated by law. As a result, the collective labor agreement, the employment contract, or company regulations determine the rules: how ATV is accrued, when and how it may be taken, and what happens to unused ATV. Therefore, read those agreements carefully.
Withdrawal, expiration and payout
Since the law does not prescribe anything, parties can agree that compensatory time off days are taken at fixed times, expire at a certain point if not used, or are paid out. Whether remaining compensatory time off is paid out at the end of employment also depends on the agreements made. Without a clear arrangement, disputes will arise.
Document it properly
If you wish to offer ATV (Alternative Working Time), clearly define the arrangement in the employment contract or a personnel policy: regarding accrual, taking, expiration, and payment. Align this with any applicable collective labor agreement. A clear arrangement prevents misunderstandings and claims.
Frequently Asked Questions
Do the same rules apply to compensatory time off days as to vacation days?
No. ATV days are not regulated by law; the collective labor agreement, employment contract, or company regulations determine the rules.
Expired ATV days?
That depends on the agreements. The parties can agree that unused compensatory time off expires at a certain point in time.
Will I receive ATV pay upon termination of employment?
Only if agreed upon. Clearly document the payment of remaining ATV.
Is your leave and compensatory time off policy in order?
Our legal experts incorporate the arrangement into your employment contract or employee handbook. View our employment lawteam or schedule a free consultation.
