The timeframe over which working hours are averaged to ensure compliance with the 48-hour maximum working week.
In hospitality, staff often work 50+ hours in peak season. This is legal if their average over the 4-month reference period is under 48 hours. You need robust time-tracking software to prove this average to an inspector.
Yes, in certain sectors or via collective agreements, the reference period can be extended to 6 or even 12 months. However, for most standard hospitality contracts without union agreements, the statutory 4-month period applies. Employers must keep records proving the average did not exceed 48 hours over this window.
The Reference Period is the window of time over which you average an employee's weekly working hours to check compliance with the 48-hour limit. The standard period is 4 months. This flexibility is vital for hospitality, allowing for busy seasons (e.g., Christmas) where staff work 50+ hours, balanced by quieter months like January.