Shift plans – guide for union representatives in the Spekter area (IN PROGRESS)
At the hospitals in the Spekter area, rotation arrangements are common. As a union representative, you must be involved when the employer makes or changes these plans. This guide provides you with the tools you need to safeguard the health and rights of your members. You will learn what to look for, which agreements you can enter into, and when to contact NITO centrally.
Rotation in brief
- Everyone who works shifts must have a written plan at least 14 days in advance.
- The plan must be discussed with you as a union representative.
- Exceptions in the Working Environment Act require a written agreement that you must sign.
- Remember: You have the right not to approve a shift that does not take care of the members' health.
- Remember: Employee health is linked to patient safety.
- Remember: If you are unsure, you can contact the secretariat.
Shortcuts
1. What is a rotation plan?
A shift schedule, also called a roster or shift plan, is a work schedule that shows when each employee will be working. It should provide predictability for both you as an employee and for the employer. It is the employer who is responsible for making the plan.
A shift plan must clearly show which weeks, days and times the individual will be working.
Everyone who works at fixed, but different times of the day must have a shift schedule. This also applies to on-call substitutes and on-call substitutes who work according to a fixed rolling schedule.
Different rotation arrangements
There are several types of rotation arrangements. The most common are:
2. Your role as a union representative
Your most important task is to be the members' representative. You must ensure that the shift schedule is legal, fair and justifiable in terms of health. You are a partner for the employer, but also the members' watchdog.
As a union representative, you must:
- Participate in the process of designing the plan.
- Verify that the plan complies with laws and agreements.
- Ensure that the agreements you have entered into are followed.
Remember: There is a difference between discussing and entering into an agreement
These are two key concepts you must be able to distinguish between:
- Discuss: In a discussion, the employer must listen to your input on the actual shift plan (when people will be working), but it is the employer who ultimately decides (as long as the plan is within the framework of the law).
- Make an agreement: In some cases, the employer cannot unilaterally decide what the agreement should contain. If the employer needs to use exceptions in the Working Environment Act to make the shift work go up (e.g. shorter rest periods or average calculations), they must have a written agreement with the employee representatives. Without you agreeing, the employer cannot implement the plan as they wish.
Remember that the employer is often completely dependent on an agreement with you to make the shift work. This gives you a strong bargaining position. You can use this position to demand better solutions for your members, such as fewer night shifts in a row or longer rest periods, in exchange for agreeing to an agreement on averaging.
We have got one more person into the shift, so that we have a lower workload on weekends and in the evenings on weekdays. And we have better conditions for being called in in our spare time.
Fredrik Granlien, union representative Ålesund Hospital
When does NITO have to approve centrally?
Although you as a union representative have the authority to enter into many agreements, there are some limitations. In the case of particularly extensive agreements or schemes that go beyond the framework described here, NITO must centrally approve the work plans. Always contact us if you are unsure.
3. How to prepare shift plans
The process
- The employer first makes a proposal for a shift plan.
- This proposal must be discussed with you as a union representative.
- Make sure you have received input from members so that you can promote their interests.
- If the plan requires an exemption in the law, you must also negotiate a separate agreement for this. If you do not agree, there will be no agreement.
Premises for shift planning
When a shift plan is created, both operations and employees must be taken into account. Important considerations are:
- The need for continuity in the service you provide to the users.
- Individual facilitation if needed.
- Consideration for travel routes, kindergartens and schools.
- How rotation affects health (see more in section 5).
- Need for overlap and reporting.
Notification requirements (14 days)
A shift plan must be ready and easily accessible to employees no later than 14 days before it takes effect. The deadline may be longer if it is agreed in their collective agreement.
4. Agreements you may be asked to enter into
Why is it necessary to enter into an agreement?
The Working Environment Act's rules for working hours are strict. To ensure round-the-clock operation in a hospital, exceptions are almost always necessary. These exceptions must be agreed in writing between the employer and you as a union representative.
Read more about the rules for working hours
The three types of agreements
The most common appointments you will encounter are:
- Average calculation of working hours: Allows the employer to plan with more work in some periods and less in others, as long as the average is 35.5 hours per week.
- Reduced rest period: Agreement on shorter rest than the main rule of 11 hours between two shifts.
- Extended overtime: Agreement to work more overtime than the law normally allows.
Read more and get specific advice on the working hours agreements you can enter into
NITO's recommendations
NITO generally recommends being cautious about entering into these agreements, especially agreements on reduced rest periods. Before signing, consider whether it is absolutely necessary and whether members are adequately compensated.
When should you contact NITO centrally?
Always contact NITO centrally if you are considering whether to sign agreements such as:
- Goes beyond the framework described in the guidelines for working time agreements.
- Seems unreasonable or has major negative consequences for the members.
- You feel pressured to sign.
5. Safeguard the health of its members
Health consequences of shift work
Certain types of working time arrangements have clear negative health effects. It is important that you as a union representative are aware of this, as it is one of the factors that directly affects your members – and where you have a real impact.
- Long working weeks (over 40-50 hours): Increases the risk of cardiovascular disease, occupational accidents and incorrect treatment of patients.
- Long shifts (over 10-12 hours): Can have negative mental health effects and increases the risk of making mistakes.
- Night work: Causes poorer sleep and increases the risk of a number of diseases, such as cardiovascular disease and cancer.
- Short rest period (less than 11 hours): Reduces sleep duration and increases feelings of exhaustion and sleepiness.
- Direction of rotation: Rotation "backwards" (day → night → evening) is more stressful than rotation "forward" (day → evening → night).
The connection between employee health and patient safety
Working time arrangements that are at the expense of employees' health are generally also associated with poorer patient safety.
This is your strongest argument in discussions with the employer. When you argue for a more health-promoting shift, you are not only arguing for the well-being of the members, but also for the safety of the patients – something the employer has a statutory responsibility for.
Criteria for health-promoting internships
From a health perspective, a good rotation should follow these principles:
- Shift length: Shifts should not exceed 8 hours. Long shifts of up to 12 hours should be avoided.
- Night work: Avoid many night shifts in a row. There should be at least 24 hours off after a night shift.
- Rotation: The plane should rotate clockwise (forward rotation).
- Morning shifts: Avoid shifts that start very early (between 03:00 and 07:00).
- Distribution of time off: Scattered work and scattered time off are better for health than long periods of only work followed by long periods of only time off.
Autonomy and influence
Shift workers who experience autonomy and influence over their own working hours have a significant positive effect on their mental health.
This underlines how important it is that you as a union representative ensure that the members are genuinely involved in the process. Participation is not only a democratic principle, it is also health-promoting.
When should you say no?
You should say no, or at least demand major changes, when a shift plan contains many of the negative elements described above.
It is particularly critical with repeated cases of short rest periods (less than 11 hours). Remember that you have the right to refuse to sign an agreement, and that you can always ask for help from NITO's secretariat.
6. Days off and compensation
In the shift plan, days where you are to have time off according to the right in law or collective agreement are marked as so-called F-days. The different F-days refer to different grounds for the day off.
| F-day | What does it mean? |
| F1 - a week off | The weekly day off. Must be at least 35 hours, cf. aml § 10-8 |
| F2 - extra week off | Extra day off that occurs when working hours are distributed over an average 5-day week |
| F3 - full day off | A day off that marks a day off after working on a Sunday or a public holiday, cf. the Act's requirement for time off after Sunday/weekend work |
| F4 - remuneration-free | A day off that is given instead of payment of a public holidaysupplement, i.e. time off in lieu "paid" as a day off |
| F5 - replacement day off | Extra day off if the planned week off (F1) falls on a public holiday or Sunday |
Rights in connection with weekend and public holiday work
The Working Environment Act gives the right to time off at least every other Sunday. The collective agreement in Spektrum also has rules that you must have at least half of the year's Sundays and public holidays off.
Correct marking of days off in the shift schedule is crucial. This ensures that the rights are safeguarded, and makes it possible to follow up compensation.
7. Change of rotation
The employer can change a shift schedule if it is necessary for the operation. The changes must be discussed with you as a union representative, and the employees must be notified no later than 14 days in advance.
The requirement for 14 days' notice can be waived in the event of unforeseen events or if a shorter deadline has been agreed in the collective agreement.
What do you do when rules are not followed?
If your employer changes your shift at short notice without a valid reason, you must bring this up with them immediately. Refer to the rules and demand that the original plan is followed. If you do not agree, or if this happens repeatedly, you must contact NITO's secretariat for assistance.
8. Special situations
Part-time internship/auxiliary rotation
During periods with many holidays, such as Christmas and Easter, a separate auxiliary rotation or holiday rotation is often created. Such a shift is intended to ensure that employees get at least half of the red days off during the period. Be especially aware that the staffing situation can be squeezed.
Holidays/auxiliary shifts must be approved by the union representative. This can either be done for the individual shift plan or as a framework agreement. (link to point 4 . Agreements you may be asked to enter into).
Summer internship
Summer internships follow the same principles as auxiliary internships, but may involve separate agreements to handle holidays.
Part-time employees
Part-time employees have the same rights in shifts as full-time employees. Please note that they should not be used as a buffer to cover gaps in the schedule, and that they are entitled to overtime pay if they work beyond the agreed working hours.
9. Checklist for approving internships
Formal requirements
- Has the plan been prepared in collaboration with union representatives?
- Have the members been involved?
- Has the notification deadline of 14 days been met?
Law and agreement
- Are the rules of the Working Environment Act followed?
- If there are exceptions, is there a valid written agreement?
- Are the provisions of the collective agreement (e.g. on public holidays) followed?
Health and safety
- How many shifts are over 8 hours?
- How many night shifts are there in a row?
- Is there sufficient rest between shifts (at least 11 hours)?
- Does the shift rotate "the right way" (forward)?
- Is the plan overall health-wise?
Fairness
- Is the burden (weekend and night work) distributed fairly?
- Are individual needs and wishes taken into account as far as possible?
10. When you need help
When should you contact NITO's secretariat?
You don't have to know everything. Contact NITO centrally when:
- You're not sure whether you can approve a work schedule or an agreement.
- The employer will enter into an agreement that seems unreasonable.
- You do not agree in discussions or negotiations.
Tools and resources
Get advice on rotations from experienced union representatives
Ring NITOs vakttelefon
Det er best om du sender inn en sak. Dersom det ikke går, ring oss hverdager 9-15.