“There is a note in my employment contract that I have ‘irregular working hours’, which gives the employer grounds to force me to work overtime. This is done regularly, and not in connection with rush jobs.
According to my calculations, I work 8 hours more per month, plus I regularly have to work on weekends. Is this considered a violation of labor laws and an abuse of the concept of “irregular working hours”? Reader bb.lv»
Lawyer Alevtyna Hryhorenko answers:
– The question is related to the organization of labor at the enterprise. And this means that, according to the Labor Law (Article 28), the employer employs his employees in accordance with the labor contract concluded between them, determines the work schedule, the employee’s responsibility, pays the agreed amount for labor and ensures fair, safe and healthy working conditions.
According to the Labor Law (Article 40), the employment contract also specifies the established working hours per day or week. In turn, Article 130 defines the concept of working hours:
(1) Working time within the meaning of this law is the period of time from the start of work to its end (excluding breaks in work), during which the employee performs the work duties assigned to him and is at the disposal of the employer.
(2) The start and end times of work are established by the Work Regulations, shift schedule and employment contract.
Based on the above, the employer has no right to violate the employment contract. If such things happen, and regularly, it makes sense for the employee to contact the State Labor Inspectorate. First of all, to receive comprehensive advice on their specific situation, and if necessary, with a statement of assistance in defending their rights.
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2024-07-08 22:11:16
