Changing into a Uniform – Is It Counted as Working Time?

QUESTION
I would like to know whether, under the Labour Code, changing into a work uniform upon arrival at work at the start of a shift, and changing from a uniform into civilian clothes at the end of a shift, is counted as working time.

ANSWER:
Act No. 311/2001 Coll., the Labour Code (hereinafter the “LC”), defines working time as “the period during which an employee is at the employer’s disposal, performing work and fulfilling duties in accordance with the employment contract (§ 85(1) LC).”

One of the basic duties of every employee is “to be present at the workplace at the beginning of working time (§ 81(b) LC).”

According to the official opinion of the Slovak National Labour Inspectorate, an employee is not only required to be present at the workplace at the start of working time but also to be ready to immediately commence work. Preparation may include activities such as changing clothes or preparing tools and personal equipment, which may be legitimately required from the employee, but nevertheless cannot be counted as part of working time, which is designated exclusively for the performance of work (source: Labour Inspectorate SR).

On the other hand, “The employer may, after agreement with employee representatives, determine the time necessary for personal hygiene after the end of work, which shall be counted as working time (§ 90(10) LC).” If there are no employee representatives at the employer, the employer makes this decision independently.

According to legal commentary, “Beyond this statutory framework, the employer may also include time required before the start of work, not only after its end” (source: Mačuha, Demek, Olšovská, Hamuľák: Labour Code – EPI Commentary).

See also: Employee Working Time and Flexible (Variable) Working Hours.