02.01.2025
WHAT DETERMINES WHETHER WE GET PAID IF WE DON'T WORK ALL DAY
The question in the title of this article concerns one of the most current and controversial topics in the field of labor relations - what is considered working time and what should be paid as such.
The presentation of the different scenarios in which the worker is not engaged in an activity, as well as the question of whether he should be paid for this time, deepens the discussion about the rights and obligations of both the worker and the employer.
What are the regulations of these matters in the labor law, including what are the obligations of workers and employees and what are the consequences of their non-fulfillment?
Within the framework of the employment relationship, the worker or employee has certain rights and obligations. He has fixed working hours, a fixed workplace and uses the premises and tools of his employer. In addition, he is obliged to obey the legal regulations of the employer, which includes the performance of work duties and cooperation within the framework of his job description.
For example, a worker in a shop or an office worker who is engaged in an employment relationship must be at his place of work during the specified working hours - usually eight hours a day. The employer, in turn, is committed to condensing this working time with tasks related to the contract and job description of the worker or employee.
The Labor Code defines various duties that the worker or employee must perform during their working hours. One of the main duties is the use of all working hours for the performance of the assigned work, as well as compliance with the internal rules adopted in the enterprise. For example, if the worker is an administrator in a hotel, his main task is to serve guests, work according to service standards and follow the rules of the hotel.
Failure to fulfill these work obligations may be considered a violation of labor discipline. In such cases, the employer has the right to impose one of the disciplinary penalties provided for in the Labor Code. These penalties can be a reprimand, a warning for dismissal or dismissal of the worker. For example, if the administrator in the hotel does not fulfill his duties by not serving the guests or not following the rules of the hotel, he may receive a warning of dismissal or even be fired by the employer.
In the highly competitive work environment, cases of arbitrariness on the part of employers towards workers and employees are not rare. Such situations include deductions from wages for being late for work or an appointment, for talking excessively on the phone, and other similar actions.
In addition, some employers impose "fines" that are not intended by the legislature as a financial penalty against the employee or worker. Such behaviors can lead to tension and conflict in the work environment, which can be resolved through clearly established rules and dispute resolution procedures.
It is important to note that the law explicitly states the possibility of deductions from the labor remuneration in certain cases, but it is important that they are carried out only with the consent of the worker or employee.
For example, deductions can be made for advances received, taxes, social security contributions and other deductions comprehensively listed in the law.
Reference:
Art. 126 of the Labor Code
Art. 186 of the Labor Code
Art. 210, para. 4 of the Labor Code
Art. 272, paragraph 1 of the Labor Code
