04.04.2023

IN WHICH CASES DO YOU WORK ON HOLIDAYS?

The normal duration of working hours during the day is up to 8 hours - Art. 136, para. 1 and para. 3 of the Labor Code. According to Art. 142, para. 1 of the Labor Code, working time is calculated in working days - per day. In Art. 141 of the Labor Code provides that when the nature of the production process requires, work in the enterprise is organized in two or more shifts. In the case of daily counting of working hours and in the case of working in shifts, the duration of night working hours is less than that of daytime hours, the labor remuneration earned according to labor standards is increased by a factor equal to the ratio between the normal duration of daytime and nighttime hours working hours - art. 9, para. 1 of the Ordinance on the structure and organization of the salary.

In the provision of Art. 4a of the Ordinance on working hours, rests and leaves states that the Rules for the internal working order define the beginning and end of the working day, the order for alternation of shifts, breaks during work, the order for reporting working time, the time of mandatory presence in the enterprise when variable working hours are agreed, meal times for employees in productions with an uninterrupted work process and in enterprises in which work is carried out continuously, as well as other issues related to the distribution of working time and the organization of work in the enterprise.

Weekends are not included in the daily working time schedule. According to Art. 153, para. 4 of the Labor Code for overtime work on the two days of the weekly rest, when calculating the working time per day, the worker or employee has the right, in addition to increased pay for this work, and to a continuous rest in the following working week in the amount of not less than 24 hours. When working hours are calculated daily, the work done on a day off or on a public holiday is paid as overtime according to the order of Art. 262 and Art. 264 of the Labor Code. You should keep in mind that according to Art. 152 of the Labor Code, the worker or employee has the right to a continuous interday rest, which cannot be less than 12 hours. According to Art. 153, para. 1 of the LC, in the case of a five-day work week, the worker or employee has the right to a weekly rest in the amount of two consecutive days, one of which begins on Sunday. In these cases, the worker or employee shall be provided with at least 48 hours of uninterrupted weekly rest.