
Ref. Ares(2022)4747721 - 29/06/2022
WORKING TIME AND
HYBRID WORKING
GUIDELINES FOR STAFF AND MANAGERS RSC – HUMAN RESOURCES
Version 01/07/2022
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Table of Contents
FOREWORD ........................................................................................................................................... 2
THE NEW RULES IN A NUTSHELL AND EU-OSHA GUIDELINES .................................................... 2
Working hours ....................................................................................................................................... 2
1)
Daily working hours ................................................................................................................. 2
2)
Monthly flexitime balance ........................................................................................................ 3
3)
Offsetting and recuperation ..................................................................................................... 4
4)
Respecting the rules ............................................................................................................... 5
5)
Working timeframe (bandwidth) .............................................................................................. 5
6)
Right to disconnect .................................................................................................................. 6
7)
Interaction Time slots .............................................................................................................. 6
8)
Missions .................................................................................................................................. 7
Teleworking ........................................................................................................................................... 8
9)
Tasks incompatible with Teleworking (TW) ............................................................................ 8
10)
Weekly proportion of TW ..................................................................................................... 8
11)
Formalising TW agreement ................................................................................................. 9
12)
Duration of the TW agreement ............................................................................................ 9
13)
100% TW possibilities ....................................................................................................... 10
Presence in the office ......................................................................................................................... 11
14)
Presence at work versus TW ............................................................................................ 11
15)
Weekly presence ............................................................................................................... 11
16)
Up to 100% presence ........................................................................................................ 11
17)
Compulsory times or days of presence ............................................................................. 12
Place of telework ................................................................................................................................. 12
18)
At the place of employment ............................................................................................... 12
19)
Outside the place of employment ...................................................................................... 13
20)
Joint Committee ................................................................................................................ 13
Equivalence of roles between EC and EU-OSHA ............................................................................ 14
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1
WORKING TIME AND HYBRID WORKING GUIDELINES
FOREWORD
The scope of these guidelines is to:
help Staff and Line Managers (LM) navigate th
e Implementing Rule (IR) on working time and hybrid
working as adopted by EU-OSHA Management Board in June 2022 and applicable by analogy to
EU-OSHA’s Temporary and Contract Staff as of 1st July 2022,
present applicable related procedures,
ensure avoidance of ad-hoc decisions or exceptions,
while respecting the legal framework.
Where room for implementation and discretional power by individual LM are embedded in the legal
framework, it will be highlighted in the guidelines as follows: LM. In such cases, LM will follow the
instructions received from the interim Executive Director as referred to in Article 2.3 of the IR.
These guidelines have been adopted by the interim Executive Director (via ARES) and apply as of 1st
July 2022. They have been developed in agreement with MG and after consultation with EU-OSHA
Staff Committee and Legal Service, considering the above scope,
EC evolving FAQ available on
Intracomm, clarifications requested to and received from DGHR.
Frequently Asked Questions (FAQ) will regularly be updated and be an evolving annex to these
guidelines. Each time a FAQ will be added or an answer updated, you will be informed and you will see
the following sign next to the concerned FAQ.
THE NEW RULES IN A NUTSHELL AND EU-OSHA
GUIDELINES
Working hours
1) Daily working hours
The rules in a nutshell
EU-OSHA guidelines
8 hours a day in average for staff working full The Agency is not favourable to regular working
time; max 10 hours. Exceptionally, LM may hours of more than 8 hours and hence not to
approve more than 10 hours where needs of the more than 10 hours. However, it recognises
service so require.
that it may
occasionally be necessary
during peak periods. This should therefore
be exceptional and
it should not become
the norm, especially at EU-OSHA.
In practice:
prior request from concerned staff to
LM for their
prior approval, specifying the
reason(s) for envisaging that more than 10 hours
of work will be necessary and the possible time
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2
frame/days concerned. A dedicated
JIRA
workflow will be available to ease the process
and monitoring (HR to be informed for
monitoring/reporting purposes as per the rules).
For missions (see point 8 for more info),
only the
travelling time may lead to accounting for more
than 10 hours and without the need to use the
JIRA workflow.
(art. 3.1, 4.2 and 6.2 of the rules)
LM, in consultation with staff members, shall Individual regular exchange with staff members
ensure that the
overall work assigned is in is essential and staff working part time shall not
principle manageable within the weekly be required to work extra hours considering that
working hours (40 hours and proportionally less they have a reduced salary in line with their part
for part timers), while having regard to peak time arrangements and time slots approved
periods during the year.
within their part time request.
Peak periods are by definition temporary. The
pattern of having to work by default more than 40
hours a week, each week and every month
should be carefully looked at by LM so that staff
members are in the position to manage the work
assigned within the “normal” weekly working
hours (i.e. 40 hours and proportionally less for
(art. 4.1 of the rules)
part timers).
2) Monthly flexitime balance
The rules in a nutshell
EU-OSHA guidelines
No limit for the credit balance.
Credit balance:
Maximum debit balance of 20 hours unless There is no limit to the carry-over of the credit
exceptional circumstances (service reasons, sick balance. Excess hours credited in January can
leave, force majeure preventing from adjusting be transferred to February, to March and
the balance appropriately).
recuperated in April. LM will however pay
attention in case of excessive amount of hours
A debit balance shall be offset by a longer being accumulated (see preceding paragraph).
working time during the following 6 calendar At the Agency, we believe it is important to
months at the latest.
ensure that staff
enjoy a good work-life
balance.
Debit balance:
A monthly debit balance should be avoided and
offset as soon as possible by working longer than
the standard daily 8 hours subsequently. For a
debit balance in excess of 20 hours at the end of
the monthly accounting period, unless you could
not offset the debit balance due to sick leave or
force majeure, the excess hours will be
considered an unauthorised absence and
will be
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offset accordingly by a deduction of a
corresponding number of half or full days of
annual leave in the following accounting period.
If staff still have a debit balance after 6 months of
the first debit balance, these debit hours will be
considered as an unauthorised absence and will
be offset accordingly by a deduction of a
corresponding number of half or full days of
(art. 6.3 of the rules)
annual leave in the following accounting period.
3) Offsetting and recuperation
The rules in a nutshell
EU-OSHA guidelines
Where excess hours are imposed by service As a general principle, a monthly credit balance
needs, staff may offset those extra hours by should
be offset by shorter working days working fewer hours the following days, weeks or compared to the daily average of 8 hours.
months or by taking a full or half day of Where such offset is not possible, staff (except
recuperation in the following month(s) where LM) may request recuperation of the credit hours
timesheet has been validated.
in the form of half a day or full day.
As a general rule, a monthly credit balance shall The rules do
not to allow staff to decide to
be offset by subsequent shorter working time
accumulate extra hours to then take in the
compared to the daily average of 8 hours.
following month(s) recuperation in half days or
LM and staff shall clarify their expectations days.
regarding the implementation of the above.
In those cases where staff would systematically
request 2 days of recuperation on a monthly
basis (excluding from this pattern staff who very
regularly accumulate extra hours linked to
travelling time during missions), LM will invite
staff to rather reduce their daily working hours so
that there is a reduced number of half days or full
days recuperation taken to ensure better
business continuity and more regular working
hours each month.
It is also not possible to take recuperation half
days or days if there is not a sufficient balance
credit from the previous month, even if during a
given month one knows they (will) have extra
hours. The purpose of the recuperation is to rest
from the extra work already done and the first
measure is to reduce working hours by
(art. 4.3, 4.5 and 6.4 of the rules)
shortening working days.
Requests for recuperation shall be approved For the monthly credit balance:
if approved in
where a credit balance is justified by the staff the time sheet, it implies that
it is considered
member’s work and the request is compatible
justified by the staff member’s work.
with the interest of the service.
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Compatibility with the interest of the service:
Staff members are expected not to request
recuperation of half days or days if their absence
would put at risk business continuity. However
the responsibility of assessing the compatibility
(art. 4.6 of the rules)
with the interest of the service lies with the LM.
No more than 2 full days or 4 half days (for Article 55(4) of the Staff Regulations provides
AST/AD9 and above) may be taken as that officials and temporary agents with a
grade
recuperation each calendar months.
of 9 and above (AST or AD)
may not
recuperate entire working days. All other
categories of staff working under the flexitime
(art.6.5 of the rules)
regime can recuperate full days.
LM shall not be eligible for half days or full days’ LM may however offset working hours in excess
recuperation.
and must manage their working time in
agreement with their superior.
(art. 6.5 of the rules)
4) Respecting the rules
The rules in a nutshell
EU-OSHA guidelines
LM shall ensure that their staff members respect Implementing working time and hybrid working
the
applicable
rules.
Where
LM
notice rules imply management by output and trust.
discrepancies between the number of hours When LM question the recorded hours, it is within
registered and the tasks assigned and their power and duty. Most of the time an open
corresponding output, they shall discuss with the discussion would solve any doubts.
concerned staff before validating the monthly
timesheet. They shall reject registered hours not
corresponding plausibly to time actually spent
working.
(art. 4.6 of the rules)
5) Working timeframe (bandwidth)
The rules in a nutshell
EU-OSHA guidelines
Staff shall work mainly between 8:00 and 19:00. 8:00 – 19:00 is the bandwidth during which staff
LM may approve different timeframe requests shall work their average daily 8 working hours.
from staff.
Staff are not expected to be on standby duty
during the whole timeframe.
A minimum of one break of at least 20 minutes is
needed when working more than 6 hours Staff’s routine working timeframe should be
consecutively.
declared and recorded in the “intention table” as
per point 11.
(art. 5.1 and 5.3 of the rules)
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6) Right to disconnect
The rules in a nutshell
EU-OSHA guidelines
Between 19:00 and 8:00, LM and staff may not The disconnection period is the timeframe on
contact or ask their colleagues to work.
working days (19:00-8:00), weekends, annual
leave days and other types of leave when staff
may not be contacted nor required to work unless
in cases of emergency or when there was a pre-
agreement.
Calls, messages and e-mails specifically
addressed to individuals that require them to
work immediately are not allowed.
As a general protective measure,
staff are not
expected to (and should not) be connected,
read emails or Teams messages during this
disconnection period. You are encouraged to
switch off notifications email/Teams during
the disconnection period.
E-mails or messages that are addressed in
general
to
the
staff,
such
as
official
communications, or to individual staff members
as long as just for information, are not considered
(art. 5.6 of the rules)
as “being contacted”.
7) Interaction Time slots
The rules in a nutshell
EU-OSHA guidelines
Staff should be available for interaction between Being available for interaction means to be
9:30-12:00 and 15:00-16:30 (and 16:00 on Wed reachable and thus able to
answer a call, reply
and Fri). By way of derogation, LM may approve
to an email in a reasonable time or participate
different time slots.
in planned online meetings.
If staff are not actually working but only reachable
during (part of) these time slots, staff should
obviously not record such non-worked hours as
worked ones in Sysper.
Staff shall declare their
long-term/by default time slots in the “intention table” as per point 11.
Occasional/ad-hoc adaptations, in particular
for medical appointments, need to be agreed first
with LM and communicated with immediate
colleagues so that they are not surprised if staff
do not react to their mails or calls in a reasonable
(art. 5.1 of the rules)
time.
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8) Missions
The rules in a nutshell
EU-OSHA guidelines
Working hours during a mission are counted as Staff should record in Sysper (Time recording)
normal working hours.
the effective working hours as when working in
the office or when teleworking and
up to a
maximum of 10 hours.
Work required by the needs of the service during
weekends or public holidays at the place of the
mission shall be
pre-agreed (via dedicate
d JIRA
workflow) with your LM and only then can be
registered as working time.
If a mission finishes on Friday evening and the
flight is on Sunday, Saturday does not count as
working time, even if it is to benefit from lower
(art. 7.2 of the rules)
cost flight ticket.
Travelling time is counted as normal working Effective travelling time adding max. 2 hours for
hours including on a weekend or public holiday.
travels by plane and max. 1 by train at departure
and the same upon return can be recorded as
working time (select as period type “mission” in
Sysper TIM module).
Only for the travelling days,
more than 10
hours can be recorded, including during
weekends or public holidays and without pre-
(art. 7.2 of the rules)
agreement from LM.
This half-day is to compensate travelling time
Where a mission finishes with an overnight flight preventing you from having a “normal” night
and a morning return to the place of work, a
compensation of half a day of leave shall be sleep where the day of the return is a working
granted on the day of return or in due course.
day. It should be taken
on the day of return
(morning or afternoon). However, if this leave
cannot be taken immediately upon return, it
should be taken
within the next following days
after return.
In practice: this half-day should be recorded by
selecting the period type "compensation after an
(art. 7.2 of the rules)
overnight flight" in Sysper TIM module.
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Teleworking
9) Tasks incompatible with Teleworking (TW)
The rules in a nutshell
EU-OSHA guidelines
A register of types of tasks incompatible with TW No one is currently working full time on tasks
shall be set up.
incompatible with TW, so no one shall be
excluded from TW.
However, some tasks (copying, filing or else)
require presence to use specific tools or material
only accessible in the office, so common sense
(art. 8.3 of the rules)
approach is expected.
Staff shall ensure they have a reliable broadband Staff are encouraged to take the following
connection
and
an
appropriate
working
questionnaire
helping
at
assessing
for
environment.
themselves whether they have an appropriate
teleworking environment or not. Upon completion
Where technical issues linked to connectivity or of the questionnaire, any staff member can
home environment prevent from adequately contact EU-OSHA’s external contractor Gabinete
performing their duties, staff shall return to the
(xxxxx.xxxx@xxx.xxx.xxxxxx.xx) who can advise
office at their own expense within a reasonable on how to ensure better teleworking environment.
time.
The time during which staff cannot perform their
duties due to
personal technical/connectivity
(Internet or electricity for instance) issues shall
not be counted as worked hours.
Reasonable time is defined under point 18 and
19.
Where the number of hours not worked during
the technical issue combined with the time to
come back to the office is at least equal to 4
hours, the corresponding (half) day(s) of
annual
(art. 10.2 of the rules)
leave must be taken.
10) Weekly proportion of TW
The rules in a nutshell
EU-OSHA guidelines
Teleworking during 20% of weekly working time LM cannot refuse 20% of working time as TW
is a right and from 20% to max 60% it is a during the week. However, LM may instruct staff
possibility that LM may approve.
to telework on a different timeslots during the
week than you have indicated.
For the exact proportion for part timers, please
(art. 9.6 and 9.7 of the rules)
see
FAQ 15.
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11) Formalising TW agreement
The rules in a nutshell
EU-OSHA guidelines
TW arrangement shall be, in principle formalised To respect the need to have an overview on
but may be informal by common agreement
long-term plans and agreements on hybrid
between LM and staff.
working arrangements, staff members, prior to
the entering into force of the rules on 1/7/2022,
LM shall ensure presence of staff is spread as shall
record their intention of working pattern in
evenly as possible during the working week and
a common file accessible to all. Once validated
can ask for specific days of presence (see point by LM, the file will be only editable by PAs and
17).
HR. Newcomers after 1/7/2022, shall get their LM
Staff members shall register in advance whether approval by email, and HR or PAs will update the
they will be TW or working at the office.
table in line with LM approval.
HR shall monitor and report on hybrid working.
Any subsequent
long-term change will be
communicated by the staff member (in
TW agreements may be modified at the request agreement with LM) or by LM (in agreement with
of staff or LM. Modified agreements enter into staff) to PAs or HR who would update the
force after one month.
common intention file.
Any
ad-hoc/temporary change:
for increasing TW, while respecting the
maximum 60%
modifying planned TW days
(art. 9.1, 9.4, 9.8, 9.11 and 17 of the rules)
do not need authorisation but information to
LM and close colleagues.
12) Duration of the TW agreement
The rules in a nutshell
EU-OSHA guidelines
TW arrangements validated by LM have a The
record of long-term intentions of all staff
duration that varies depending on the percentage (within the intention table), including
subsequent
of TW:
long-term modifications, once validated by the
LM, represents the TW arrangement.
up to 20% of weekly working time shall be
granted for 6 to 12 months renewable or for TW agreements, whatever their duration, can be
the duration of the contract, whichever is the modified as per point 11.
shorter.
more than 20% and up to 60%, shall be
granted for 6 months renewable or for the
duration of the contract, whichever is the
shorter.
For duly justified services reasons, LM may
instruct staff to telework on another time slot or
other time slots than the one or ones previously
agreed.
(art. 9.7 and 9.6 of the rules)
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13) 100% TW possibilities
The rules in a nutshell
EU-OSHA guidelines
Staff members with temporary health issues Staff shall inform their LM and HR (using the
impacting their mobility but who are still able to dedicate
d JIRA workflow) of their willingness and
telework may request to telework for the whole capacity to telework and annex their medical
duration of their health issue.
certificate attesting their mobility issue
referring
to their capacity to still work and in which
Mobility issues shall be certified by a doctor and
proportion (full time or part time).
notified to the agency Medical Services (MS),
who may proceed with any appropriate This type 100% TW is to take place
at the place
verification.
of employment (see point 18).
In practice: staff shall record their working time as
teleworking in line with the medical certificate
(art. 9.10 of the rules)
within Sysper time recording. HR notifies MS.
In exceptional circumstances, such as duly Imperative family reasons are for instance the
documented imperative family reasons, the ED, need to
temporarily care of a parent, spouse, or
after consulting the staff LM, may approve 100% dependent
children
with
severe
medical
TW for up to one month (renewable under the conditions.
same conditions).
Staff shall inform their LM and HR (using the
dedicated
JIRA workflow) and send medical
certificate attesting the seriousness of the
medical conditions of the concerned family
member
to xxxxxxxxxxxxxxxxx@xxxxx.xxx. The
AIPN (Executive Director of the Agency) takes
the final decision on the basis of all elements
at disposal. For more information see FAQ
5
and 6.
This type of
exceptional 100% TW can take
place
at the place of employment or outside
the place of employment (and will not count for
the regulatory maximum 10 days/year), where
the concerned family member is residing or being
cured.
In practice: if and once approved, this exceptional
TW (whether
at or outside the place of
employment) is registered by staff within
Sysper
TIM module as “
occasional teleworking” and
then selecting “
Exceptional teleworking outside
the place of employment” who shal specify the
(art. 11.2 of the rules)
temporary address they would be teleworking
from in the comment box.
In the interest of the service, LM may approve
Staff shall register their interest in this possibility
TW for more than 60% of weekly working time
within the intention table (see point 11). This type
during the week.
of 100% TW shall take place
at the place of
(
art. 9.9 of the rules)
employment (see point 18).
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Presence in the office
14) Presence at work versus TW
The rules in a nutshell
EU-OSHA guidelines
Working at the office and teleworking are
Trust from LM towards staff AND between
modalities considered equivalent.
staff themselves is key.
Recording of hours at the office and while
teleworking are done by staff members within
Sysper time recording.
Staff shall record their
effective working time on a daily basis.
When in the office, the badge-in badge-out to
enter or leave the building remains compulsory
(art. 8.4 of the rules)
for possible checks and security reasons.
15) Weekly presence
The rules in a nutshell
EU-OSHA guidelines
Staff shall be present at the office for a minimum If staff fall sick on the days they should have been
of 40% of their weekly working time (considering present in a given week, and they feel better
staff members may be authorised to TW up to while they are supposed to TW (as per the
60% of their weekly working week).
recorded intention – point 11), they are not
obliged to change the plans and come to the
office in that week.
Staff can occasionally request days of annual
leave or flexitime recuperation during the days
they are supposed to be present in a given week.
Nevertheless, if staff request this in a recurrent
way, they must agree with their LM to work on
other days/timeslots at the office.
Repeated pattern of staff requesting leave or
flexitime recuperation that would lead to their
regular non presence in the office will not be
(art. 9.7 of the rules)
accepted.
16) Up to 100% presence
The rules in a nutshell
EU-OSHA guidelines
Staff shall have the right to come to the office Whether staff deviate on an ad-hoc basis from
every day without prior authorisation, including the recorded intention (see point 11) or on a
when they are authorised to telework.
longer term basis implying reduced TW,
staff are
always welcome at the premises without prior
(art. 9.3 of the rules)
authorisation
.
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17) Compulsory times or days of presence
The rules in a nutshell
EU-OSHA guidelines
LM can decide on specific time slots during the This shall be communicated to staff in advance,
working week when the whole Unit or a team is except in case of emergency.
required to be present at the office.
It can be for team building or coaching exercise
for instance or to foster informal exchanges
(art. 9.12 of the rules)
between colleagues, or brainstorming.
LM can impose presence of one or more staff for This may take place on an ad-hoc basis and
a specific period to ensure the proper functioning linked to the needs of the service (event at the
of the service
premises or else) or where specific tasks can
only be performed at the premises (see point 9).
(art. 9.13 of the rules)
Place of telework
18) At the place of employment
The rules in a nutshell
EU-OSHA guidelines
Staff shall TW from a place (including from a Broadly speaking, the means of transport is the
bordering country) which would allow a return to car considering it allows staff not to be dependent
the office within a reasonable time without being on schedule set by others.
dependent on the hazard of transportation, in A reasonable time for the Agency is
2 hours and
case of unforeseen event.
at not greater distance from the place of
TW shall be performed at the place of employment specified in the contract of
employment (as specified in the contract of employment is
200 km (“straight line”). The
employment) or at no greater distance therefrom “distance measurement” within Google Maps is
as is compatible with the proper performance of calculating the “straight line” distance between
the duties, in accordance with Article 20 of the two points.
Staff Regulations.
The moment one would be called to come to the
office from the place of the TW, one would need
to reach it safely within
2 hours.
By default and as per the rules, staff shall declare
where they reside and any subsequent changes,
within Sysper and they shall provide supporting
document(s).
Where staff would TW from a place which is not
their permanent place of residence as registered
in Sysper
they should communicate their
temporary
place
of
TW
to
HR
(art. 10.1 of the rules)
(xxxxxxxxxxxxxx@xxxx.xxxxxx.xx).
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19) Outside the place of employment
The rules in a nutshell
EU-OSHA guidelines
Staff may TW outside the place of employment The Agency cannot derogate from this maximum
upon their request and subject to the agreement number of days.
of the LM for up to 10 working days/year.
Such TW shall be requested in Sysper within the
Staff authorised to TW outside the place of TIM module as any other leave and staff
employment shall communicate their temporary
temporary address shall be added in the
address to the administration before the start of comment box of the Teleworking request.
such TW period.
(art. 11.1 and 11.5 of the rules)
If required to work during annual leave without Where the place of annual leave is outside the
the need to be present, LM may authorise to staff place of employment and when required to work,
to TW from the place of annual leave.
those TW days would not be counted within
the max. 10 days.
(art. 11.3 of the rules)
Staff TW shall ensure that they have a suitable Considering the
max. 48 hours to respect in
broadband connection and a home office case of need to return to the office or place of TW
environment allowing them to adequately at the place of employment, staff shall ensure the
perform their duties. Where they cannot perform place of TW is compatible with that
condition. It
their duties adequately, staff shall either take is the responsibility of the LM to ensure that the
annual leave where compatible with the interests declared temporary address has been inserted in
of the service, or return to the office or to the the teleworking request and that it allows a return
place of telework at the place of employment at in 48 hours.
their own expense within 48 hours.
Technical issues are to be understood as
The time during which staff could not perform personal connectivity related ones (i.e. own
their duties due to technical issues shall be Internet or electricity for instance not functioning).
debited to the staff’s working hours.
(art. 11.4 of the rules)
20) Joint Committee
The rules in a nutshell
EU-OSHA guidelines
A Joint Committee on Hybrid Working is hereby The Joint Committee already established at the
established.
Agency takes on board the role of issuing
potential yearly recommendations to the ED, in
The role, composition and working arrangements case of inconsistencies and/or unequal
of the Joint Committee are laid down in Annex to treatment.
the rules on working time and hybrid working.
It shall not have the power to hear individual
cases.
(art. 16 of the rules)
Santiago de Compostela 12, 5th floor - 48003 Bilbao Spain
Tel. +34 944 358 400 Fax +34 944 358 401
xxxxxxxxxxx@xxxx.xxxxxx.xx http://osha.europa.eu
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Equivalence of roles between EC and EU-OSHA
Implementing Rules – EC context
EU-OSHA’s context
DGHR (with decisional power)
Executive Director
DGHR (with monitoring, advisory role)
HR Section
Directors-General and Heads of Service
Executive Director
Line Managers
Line Managers (i.e. Heads of Units and ED)
HR Business Correspondents
HR Section
Appointing Authority
Executive Director
Line Managers for Chapter III of the rules
Santiago de Compostela 12, 5th floor - 48003 Bilbao Spain
Tel. +34 944 358 400 Fax +34 944 358 401
xxxxxxxxxxx@xxxx.xxxxxx.xx http://osha.europa.eu
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Electronically signed on 29/06/2022 10:05 (UTC+02)
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