Self-organiser? You may be exempt from the time registration requirement

Who can be exempt from the time recording requirement?

The law does not apply to CEOs and self-employed persons.

So-called “self-organisers” are exempt from time recording. These may be senior managers or academics who have considerable freedom to determine their working hours. The employment contract must state that you are a self-organiser.

What is the purpose of exceptions?

The intention of the law is that the exemptions should be used to a limited extent. Companies or public authorities cannot exempt entire groups of employees either, but it must be a specific and individual assessment of the individual's position. So a lot needs to happen before someone is considered a self-organiser and exempt from the rules on time registration.

IDA can advise you on your situation

IDA encourages members, either themselves or together with the union representative at the workplace, to enter into a dialogue with their employer or contact us by creating a case or contacting us by telephone if they are in doubt or disagree with their employer's assessment that they are a self-organiser.

It is IDA's general position that a lot needs to be done before one can be considered a self-organiser and exempt from the rules on time registration – and therefore not covered by the rules on night work, the 48-hour rule and breaks, as well as the rules on daily rest and weekly rest. It is also the intention of the law that the exemption should be used to a limited extent.

To fall into the self-organiser category, one must have special characteristics in their work tasks and be able to plan their own working hours .

It is important to emphasise that the question of who can be considered a self-organiser has different answers depending on whether you ask the employer or employee side. IDA follows the interpretation of the rules by Akademikerne.

Examples where one cannot be considered a self-organiser

Below are examples of situations where IDA assesses that one cannot be considered a self-organiser:

• You have fixed working hours (Fixed hours, meaning that you are expected to be at work for a certain period of time)
• You don't have any special tasks.
• You are obliged to participate in various meetings without the possibility of refusing – i.e. where refusing cannot affect your work or employment.

It must be stated either in the employment contract or in an addendum to the employment contract that an employee is exempt from time registration. This can be done, for example, by the employer notifying the employee in an addendum that the employee is categorised as a self-organiser and that the addendum will be added to the personnel file. If you as an employee disagree with the assessment, you must contact the employer and state that you disagree with the addendum being added to the personnel file.

Are you curious about the working time rules? You can read more here:
Working time, overtime and job pay: Here are the most important rules | IDA