08.11.2023

WHEN CAN WE HAVE REDUCED WORKING HOURS?

According to Art. 137, para. 1 of the Labor Code, reduced working hours are established for: 1. workers and employees who perform work under specific conditions and the risks to their life and health cannot be removed or reduced, regardless of the measures taken, but the reduction of the duration of working hours limit the risks to their health; 2. workers or employees under 18 years of age.

The types of work for which reduced working hours are established are determined by an ordinance of the Council of Ministers - Ordinance on determining the types of work for which reduced working hours are established.

In Art. 2 and Art. 3 of the Ordinance, the works for which workers/employees are entitled to a reduced working day are explicitly stated. In Art. 4 of the Ordinance on determining the types of work for which reduced working hours are established, it is stated that workers and employees are entitled to reduced working hours for the days on which they perform the tasks specified in Art. 2 and 3 works for no less than half of the normal duration of working hours established by the Labor Code.

Employees with total vision loss have the right to a 7-hour working day, regardless of the type of work performed.

Only employees performing the work provided for in the regulation have the right to reduced working hours.

The overall control for compliance with labor legislation in all industries and activities, including the payment of unpaid wages and benefits after termination of the employment relationship, is carried out by the Executive Agency "Main Labor Inspection" under the Minister of Labor and Social Policy - Art. 399 of the Labor Code.

In Art. 138a, para. 1 and para. 2 of the Labor Code stipulates that in the event of a reduction in the volume of work, the employer may establish for a period of up to three months in one calendar year part-time working hours for employees in the enterprise or in its unit who work full-time, after prior agreement with the representatives of the trade union organizations and the representatives of the workers and employees under Art. 7, para. 2.

The duration of working hours under para. 1 cannot be less than half of the legally established for the period of calculation of working time. The procedure to be followed by the employer is regulated in detail in Art. 9 of the Ordinance on working hours, breaks and vacations. The establishment of part-time work is carried out by a written order of the employer, issued no later than 10 working days before the date of transition to part-time work. In the provision of Art. 9 the details of the order are also indicated.