Working time rules (Working Time Directive)
Working time rules
The 'new working time rules' actually date from 2005, when the EU directive on working time for mobile workers was implemented by law in Denmark.
The reason why the working time rules have received so much attention recently is that the control of the rules will be transferred to the Danish Road Administration and the Police from 21 May 2022.
The police will check the rules on breaks, while Færdselsstyrelsen will check whether the rules on night work, breaks, and weekly working hours are being observed.
The police will check compliance via regular roadside checks, while the Danish Transport Authority will check compliance with the rules in connection with a company inspection of driving and rest time data.
Only if they find serious or numerous violations of the driving and rest time rules will they look at compliance with the working time rules and sanction both at the same time.
The placement of night work depends on the collective agreement.
As a general rule, the period is between 01.00 - 05.00.
The night period must be at least 4 hours and be placed between 00.00 - 07.00.
In the transport collective agreement between 3F and ATL, the period is between 00.00 - 04.00.
The driver works at night if all or part of the working period falls during this time.
This is true whether you work 5 minutes into the night period or 4 hours into the night period.
If you perform night work, the daily working hours must not exceed 10 hours within a 24-hour period.
As of 01.12.23, ATL and 3F Transport have added the possibility of extending the working day up to 15 hours for night work.
Read more about the agreement here:
Breaks must be taken after a maximum of 6 hours' work.
The break should be between 15 and 45 minutes.
For a working day of 6 to 9 hours, a minimum break of 30 minutes divided into 15 + 15 minutes or 30 minutes total must be taken.
For a working day of more than 9 hours, there must be a 45-minute break, divided into 3 x 15 minutes or 15 + 30 minutes or 45 minutes in total.
- Max 6 hours without break
- 6 - 9 hours of work: 30 minutes break
- Over 9 hours of work: 45 minute break
Working hours are:
- Driving
- Other work
- Loading and unloading
- Cleaning and maintenance
- Control and securing of cargo
- Working for another employer
- Help with passengers boarding and disembarking
- Waiting time for loading and unloading, where the driver has to stay in the vehicle and be ready for work (when the waiting time is not known in advance).
Working hours are not:
- Availability
- Breaks
- Rest time
From Monday at 00.00 to Sunday at 24.00, you can work a maximum of 60 hours.
The average weekly working time is calculated on the basis of a reference period of 4 to 6 months, depending on the collective agreement.
The Transport Agreement uses 6 months as the reference period.
The maximum weekly working time is 48 hours averaged over the reference period (4-6 months)
The calculation is done as follows:
Total hours worked in the period / Total weeks worked in the period = Average hours worked per week
Vacation, holidays, sickness and leave are not included in the above calculation.
It is therefore not possible to reduce average weekly working time by taking holidays/vacation/leave or to reduce weekly working time by sickness.