Current problems unreported and unpaid overtime

Art. 143 LC defines as overtime work outside authorized hours worked by the employee, upon order or with the knowledge and without opposition from the employer or the relevant manager. This work is carried out as defined in Art. 136 LC normal working hours.

 

The rule is that overtime is prohibited. Allowed an exception only in certain cases:

 

- To perform work in connection with the defense of the country;

 

- To prevent, contain and overcome the effects of disasters;

 

- For urgent publicly necessary work to restore water, electricity, heating, sanitation, transport and communication links and provision of medical care;

 

- To carry out emergency and restoration works and repairs at the premises, machinery or other equipment;

 

- To complete the work started, which can not be done during regular working hours;

 

- To carry out intensive seasonal work

 

A calendar year, overtime work may not exceed 150 hours, distributed as follows:

 

1. 30 hours daily or 20 hours of night work in one calendar month;

 

2 days 6 hours or 4 hours of night work in one calendar week;

 

3 hours daily or 2 hours night work in 2 consecutive days.

 

These restrictions do not apply in the first three aforementioned hypotheses of overtime.

 

Overtime is regulated by Art. 262 LC. The employee agreed to increase wages determined by the employment contract. The increase should not be less than:

 

- 50 per cent - to work on weekdays;

 

- 75 per cent - to work weekends;

 

- 100 percent - for work during the days of public holidays;

 

- 50 per cent - to work on summarized calculation of working time.

 

3. Participants

 

A) employees as a party to the employment relationship.

 

It is not allowed to work overtime by:

 

1. employees who have not reached 18 years of age;

 

2. pregnant workers or employees, and workers and employees in an advanced stage of IVF treatment;

 

3. mothers with children up to 6 years of age and mothers who care for children with disabilities regardless of their age, except with their consent;

 

4. reassigned employees, except with their consent, and if this does not adversely affect their health in the opinion of the medical authorities;

 

5. employees who continue their education while proceeding except with their consent.

 

B) Employers - shall order overtime.

 

4. Procedure - Art. 15-18 NRVPO

 

- In overtime, duty and the time available on a warrant issued by the employer communicated to employees at least 24 hours in advance. It can be both written and verbal, and possibly overtime be applied "with the knowledge and without opposition" to the employer hypothesis t. Pomegranate. Tacit consent.

 

- When overtime is applied in two days of weekly rest in order for overtime for each employee must be shown the day that next week will take an uninterrupted break in an amount not less than 24 hours.

 

- The worker has the right to refuse to work overtime when not met the statutory requirements. The refusal shall be made in writing, motivated and register the entity's established order no later than the beginning of overtime work.

 

- In a special book for recording overtime indicating the full name of the employee, the number of orders for overtime, day and time of commencement and completion of the work and the amount of remuneration paid to the employee for positions it overtime, and the day fixed for the rest pursuant to Art. 15, para. 2 NRVPO. Overtime worked are reflected in payroll for the month. Overtime is reported every six months and the Labour Inspectorate.

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