4.7. Hours of Work
In most countries, the maximum number of permitted hours of work is stipulated by the law.
The rationale behind these regulations lies in the protection of the employee’s health, which
can be severely affected through work-induced fatigue and stress.
Two fundamental differences are made with regard to the hours of work:
1. Regular hours of work, i.e. hours of work that do not include overtime within a defined
period (e.g. per day, week, month)
2. Overtime, i.e. hours of work that exceed the regular daily or weekly hours of work
The regular hours of work must be clearly regulated in the factory, specifically in the factory
rules and working contracts. They may not exceed the legal maximum. Every hour of work
that exceeds the regular hours is to be compensated as overtime. This also applies to hours
of work that are performed on Sunday and holidays.
The total number of hours (regular work plus overtime) may not exceed the maximum
authorised number of hours per day and week. Some countries also have a maximum per
month, quarter or year.
The international conventions of the ILO allow a maximum of 8 hours for the regular hours of
work per day and 48 hours per week. Including overtime, an employee may not work more
than 60 hours per week.
The local laws in most countries are even stricter than the international conventions of the
ILO. In the audit, the stricter regulations always form the basis for the assessment.
The vendor should thoroughly inform himself about the current laws at all times.
Breaks
Breaks are intended to ensure that the employee has time to rest and eat. They help
maintain a high level of performance. The legal regulations on the hours of work usually also
include requirements for breaks. They generally depend on the length of the hours of work
and the strain of the job on the employee. Some countries make differences with regard to
the gender and age of the employee.
The regulations at the vendor must meet the legal requirements with regard to both the
number as well as the length of the breaks.
Voluntary Overtime
Working overtime must be a voluntary choice for the employee. Exceptions are permitted
when unforeseen circumstances (e.g. the failure of machines) make overtime necessary and
there is a written agreement with the workers’ representatives or the union. Peaks in
production due to seasonal business do not count as unforeseeable circumstances.
Weekly Rest Days
The number of days that may be worked in a row is usually limited by the law. ILO Convention 14
which requires one free day (24 hours) after 6 days of work in a row must be observed at a minimum.
The auditor will check the time records for the following items during the audit:
- Beginning and end of the regular hours of work and the beginning and end of the shifts for shift work.
- Breaks
- Number of working days per week
- Number of working hours per day
- Overtime per day, week and month
Massive overtime is unfortunately no exception but more the rule in many countries due to
the enormous competitive pressure. This has led to some suppliers beginning to falsify their
books and documents to pass an audit. Such behaviour is not tolerated by Tchibo and can
lead to the immediate blacklisting of the vendor.
We are aware that many requirements cannot be implemented overnight and that their causes
partially lie outside the influence of the vendor. We believe that only a more transparent
and open treatment of the subject will create a continuous improvement.