Many Tekna members enjoy a great deal of freedom in their working day. However, flexible working hours, considerable responsibility and an independent role do not necessarily mean that you hold a ‘particularly independent position’ under the Working Environment Act.
The Supreme Court established this in a new judgment concerning Section 10-12 (2) of the Working Environment Act. The provision is intended as a narrow exception to the main rule that the working hours provisions of the Working Environment Act apply, and it should therefore only be applied in exceptional cases. The employee must have genuine and considerable freedom to decide both the extent and the timing of their work. The assessment must be specific and take account of all relevant circumstances.
Tekna has long been particularly concerned that many young people and recent graduates are offered such positions even though they do not in reality have the independence required by law, and should therefore have been entitled to overtime pay.
Read more about Managerial or particularly independent position.
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