The Supreme Court has now clarified which factors employers must take into account when assessing whether a position is «particularly independent». Flexible working hours, great responsibility and freedom to decide how the work is carried out are not sufficient. A key question is whether the employee actually has control over their own working hours and workload. The comprehensive assessment must also include external framework conditions. These may include deadlines, progress targets, requirements and limits from customers, external partners or projects, as well as requirements from public bodies or in regulations.
Document the foundation
The first step is to review existing classifications. Employers should make a specific assessment of each position and document the basis for the classification.
From an HR perspective, we believe it is important to map out how everyday work actually works. Some particularly useful questions are:
- Who or what determines the workload this employee will have?
- Can the employee actually postpone, delegate or reject work?
- Who decides when the work will be carried out, and if so, which deadlines can be moved?
- What happens in practice when the employee says that the workload is too heavy?
Mapping and relief
It is not necessarily enough to encourage the employee to speak up if the workload becomes too great. Such an invitation is not a real relief mechanism if no tasks are removed, no deadlines are changed and no additional capacity is added. In the webinar with Schjødt, both mapping and actual relief were therefore central themes.
You can watch the recording of Schjødt and BUHR's webinar here:
