01.09.2022

NEW RULES IF BOSS WANTS US ON CALL OR AVAILABLE

What are the obligations of the employer and the worker on duty and for the time available, provide for changes in the Ordinance on working hours, breaks and vacations, uploaded for public discussion.

It states that for the time we are available to the company, the employer owes us additional remuneration.

When the worker or the employee during the available time is called and actually performs work, this should be counted and paid as overtime in the month in which the work is done. Payment of overtime in the specified month should be made regardless of the established method of accounting for working hours.

The maximum duration of available time cannot exceed 100 hours in one calendar month, 12 hours in one day on working days and 48 hours on weekends, the regulation says.

An employee cannot be available on two consecutive working days or on two consecutive working shifts, as well as on more than two days off in one calendar month.

When working in shifts, available time is determined at least 12 hours after the end of the work shift. It is expressly determined that during the time of availability the worker is outside the territory of the enterprise and should be ready when the employer calls him to report to work and start performing his work duties. Due to the fact that during the time available, the worker or employee is not required to be at his workplace, this time is not counted as working time.

The obligation to place the worker and the employee can be negotiated both in the individual employment contract and in the collective employment contract. The contract must specify the place where the worker is located during the time available, as well as the time required to report for work.

The employer is obliged to approve nominal schedules for the time of availability, which must be kept for at least 3 years. He must also familiarize the employees with the schedules in a timely manner, so that it is possible for the employed person to organize his free time.

The order for duty is also regulated, whereby the employee is obliged to be at his workplace and perform or be ready to perform his work duties. Duty is included in the employee's working hours specified in the employment contract. In view of the fact that the duty is part of the working time, the worker or the employee is paid the agreed labor remuneration.

The employer with an order to determine the positions for which he establishes an obligation to be on duty, when the special nature of the work requires this. The order must be issued after consultation with trade union representatives and workers' representatives. After the issuance of the order, the employer is obliged to approve nominal duty schedules, which must be kept for at least 3 years.

In the case of daily calculation of working time, the employer approves a named monthly schedule for the time on duty.

The explicit obligation to draw up the nominal duty schedule in compliance with the continuous minimum inter-day and weekly rest established in the Labor Code is regulated.