News for hackers. Stuff that matters.
Re:WFH – Watched from Home: Office 365 and workplace surveil... by moooo99 on Sunday June 04, 2023 @04:10PM (#36189126)
That is a non-issue regarding privacy and the intention is to ensure compliance with employee protection laws capping the maximum weekly working time.

You write down when you started working and you write down when you stop. Some employers automatically subtract your legally required break time, some want you to enter it manually.

Re:WFH – Watched from Home: Office 365 and workplace surveil... by notyourwork on Sunday June 04, 2023 @04:31PM (#36189300)
Is there a concept equivalent to US, salary employee? If so what are they expected to work?
Re:WFH – Watched from Home: Office 365 and workplace surveil... by Swizec on Sunday June 04, 2023 @04:47PM (#36189425)
(I’m from Europe, have lived in US the past 8 years)

> Is there a concept equivalent to US, salary employee?

Yes. It’s called full-time employee. This encompasses anyone and everyone who does not work as an independent contractor.

> If so what are they expected to work?

40 hours per week.

With mandated minimum lunch time and breaks, paid minimum vacation, paid medical leave, paid maternity/paternity, govt mandated lunch allowance, govt mandated transportation allowance based on commute distance, and many other “perks” that US companies use as negotiation tactics.

If you work more than 40 hours per week, you can request overtime pay. Many employees waive the overtime thing for various reasons. In some industries because they’re exploited (restaurants and such), in other industries because they’re Mission Driven and want to work more (startups and such).

The law is there to protect you, but in practiceit comes down to your relationship with your boss.

edit: Personally, I don’t like this paternalistic/maternalistic attitude from either approach (as laws or as perks). Just pay me a shitload of money and let me figure out the rest. I’m old enough to buy my own lunch thank you.

Re:WFH – Watched from Home: Office 365 and workplace surveil... by majormajor on Sunday June 04, 2023 @05:32PM (#36189789)
"Salary" or "exempt" in the US is a sub-status of "Full Time Employee". FTE in the US has much of the same of what you say - less, but still some protections, most significantly requirements around paying overtime, and paying more for it: https://www.dol.gov/agencies/whd/overtime - "Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay."

Salary = exempt = no overtime for you, sucker. Over time, more and more people have fallen under that category in the US.

Is there something like that in the EU, where you don't have max hours or overtime eligibility at all?

Re:WFH – Watched from Home: Office 365 and workplace surveil... by Swizec on Sunday June 04, 2023 @05:37PM (#36189829)
> where you don't have max hours or overtime eligibility at all?

No, the EU is pretty strict about those things. Only way you can be ineligible for overtime is if you own the business. And even then you’re technically eligible, but I’ve never heard of anyone paying themselves overtime.

In practice the “exempt” part happens in a grey area: The boss and the employee shake hands to “make things simpler” and write down 40h every week in whatever tracking thingy. Worked less than 40? Great, you get 40. Worked more? Great, you get 40. wink wink

Re:WFH – Watched from Home: Office 365 and workplace surveil... by eecc on Monday June 05, 2023 @03:20AM (#36193441)
Also contractors though. I got into a quarrel with the lowlife recruiter that tried to coax me into accepting going on pager duty. They had no room for negotiation, whatever the customer said was the deal. I left… but it must have cost them a fortune in productivity loss. Penny wise, pound foolish
Re:WFH – Watched from Home: Office 365 and workplace surveil... by realityking on Monday June 05, 2023 @03:26AM (#36193484)
There are some very limited cases where overtime doesn’t apply. For example, managing directors are outside the scope of most labor regulations as they’re not technically employees.

At least in Germany, managerial employees (mostly defined through hiring and firing authority) are traditionally exempt though this might be in conflict with the relevant EU regulations. We’ll see.

What I’m seeing commonly today is that your contracts will say the work week is 40 hours but x hours of overtime a month are already compensated.

Re:WFH – Watched from Home: Office 365 and workplace surveil... by gerdesj on Sunday June 04, 2023 @05:48PM (#36189913)
> If you work more than 40 hours per week, you can request overtime pay

Or you can request TOIL - Time Off In Lieu. That is a system designed to allow flexibility. Some jobs can't simply clock off when doing certain tasks. Provided it is agreed upon at contract negotiation time (ie the hiring process) then TOIL/overtime rates can work well for everyone.

Our (UK for me/EU) Employment Tribunals have a lot of power and a lot of law that generally favours the employee but also strives towards equitability. For the last 20+ years I hire but I still recall what being hired is like. I have found time and time again that being fair and open pays back in absolute spades. A pissed off employee is simply a burden and a cost. You can't please everyone all of the time but if you are known for fairness, that goes a long way.

I won't give you a shitload of money until you earn it for me 8) I too buy my own lunch and all other meals as required to live. I sometimes (always) need to be forced (cough reminded) to claim when we are contracting on a job that has allowances built in.

Some top tips for employees (EU/UK - perhaps others too): Do make sure you get things ironed out at the hiring stage. At the very least some things defined, written down and signed: Get place of work defined eg town/city - in the event of TUPE you may be required to move but if you have a defined place of work then you have all the aces! Get rates defined and a formal process for review. Hours of work. Responsibilities. Industry specifics. Read up on HR and how it works: you will be sat across the table with an expert in the law and how to err get the best out of you for the company which may not match up with your ideas. Do read up on all your govt provided advice - the GOV.UK stuff is pretty decent.

Basically: you have a duty to yourself to do your own due diligence, so please do it! You can expect to be treated reasonably fairly but you may not like the outcome so get the pack stacked fairly or at least not against you.

Re:WFH – Watched from Home: Office 365 and workplace surveil... by phatfish on Sunday June 04, 2023 @04:49PM (#36189450)
In the EU you should not be asked to work more that the maximum hours defined in the European Working Time Regulations. There is usually a range in these directives so member states can choose to go to the high or low end. But there is a range that has to be put into law for each country.

Basically you shouldn't lose your job for refusing to work more hours than are defined in the regulations, if you do there is a tribunal process. But, if the employee is willing there are ways around it.

Re:WFH – Watched from Home: Office 365 and workplace surveil... by _puk on Sunday June 04, 2023 @06:51PM (#36190315)
A lot of contracts I'm seeing nowadays include the opt out of this working time directive.

They say you can opt in or out at any point by providing a written request to HR, but defaulting to opt out at the point when all the power is with the company (the candidate is signing the initial contract, and may not want to rock the boat) seems wrong IMO.

Re:WFH – Watched from Home: Office 365 and workplace surveil... by hef19898 on Monday June 05, 2023 @03:20AM (#36193443)
Whether ypu opt in or out of recording hours (not sure if ypu actually can opt out, courts will propably decide that soon enough), you cannot opt out of the max working hour limits put in law. One of the exceptions being upper management, and in Germany, funny enough, doctors...

The legal limit in Germany is 10 hours net, pkus whatever break time is applicable. One exception are mainly surveilling duties, e.g. monitoring security cameras, where the limit is 12 hours. One theoretical "work around" is declaring Saturdays normal working days, as they legally are. Those 10 hours are (used to be, not surw if that changed) calculated on the average of 5 days, by using Saturday as working day on which people are not working the average is calculated based on six days with one day adding 0 hours to tje total. Not sure if that was ever tried in court so.

Disclaimer: The above applies to Germany.

Fun fact: If employees violqte those limits, the line manager is liable personally. That liability includes fines, I know of one case where said fine was 10k Euro, and theoretically even jail time.

Re:WFH – Watched from Home: Office 365 and workplace surveil... by krageon on Monday June 05, 2023 @04:50AM (#36193957)
You cannot work contract your way around the law. Corporations still try to, even in the EU, but those sections can just be ignored by an employee.
Re:WFH – Watched from Home: Office 365 and workplace surveil... by godelski on Sunday June 04, 2023 @08:55PM (#36191061)
> That is a non-issue regarding privacy

This is definitely not true and results from a limited perspective. How you get that information is important. This is quite difficult to do accurately if we're being honest, and you should work it out (write down how you'd measure it, then determine how to exploit it, then repeat). I think you'll find that the only way to do this results in invasion of privacy.

I'll give a more familiar example of how things that are well intentioned and at first look appear innocuous. We encourage the use of pronouns to correctly address people and give them proper respect (a great goal and something we should always do!). But on the other side, it forces people to pick an identity and draw a very discrete line (as opposed to more flexible boundaries and terms). It does not account for gender fluidity and it forces people to out themselves or hide even more. Which can happen in ways out of their control (e.g. someone else sets up a name tag knowing their preferred pronouns in a setting the person may not want to reveal their identity). Often more important when someone is figuring themselves out.

The problem is not intentions, it is that life is messy. Nothing is monolithic or universal. The best intentions can lead to amplifying the very thing you are trying to prevent/resolve. Another famous example is removing convicted criminal history questions (ban the box) from job applications[0]. Things are complicated and never are like what you assume they are. Simple models aren't good enough and you need to encourage people to stop saying "it's obvious" or "it's simple". It never is and that always leads to harm.

[0] https://econofact.org/the-effects-of-ban-the-box-on-the-empl...