Has the working day before the anniversary of the Republic of Estonia been shortened? If I still work a full day on the anniversary of the Republic of Estonia, how should it be paid?
The national and state holidays of the Republic of Estonia, the preceding working days of which are shortened, are New Year’s Day, the anniversary of the Republic of Estonia, Thanksgiving Day and Christmas Eve. Therefore, the employer is obliged to shorten the working day before February 24 by three hours.
If, due to the company’s field of activity, it is not possible to shorten the working day, the employer must reach an agreement with the employee so that he works as long as usual on the day before the public holiday. On the basis of the work schedule, the employer must obtain the consent of the employees regarding the shortened working day when the schedule is drawn up. If the employee does not agree to work a full day on the day before the holiday, the employer has no right to force him to do so. The employee must notify the employer of his/her refusal at the latest at the time of receipt of the schedule. If the employee does not express his refusal to the employer, there is an agreement on non-shortening of the working day, and later the employee cannot request a shortening of the working day based on the same schedule. get.
If the employee agrees to leave the working day unabated and he works on the basis of normal working hours, these three hours are considered overtime. However, when working with aggregated working time accounting, the employee’s calendar working time norm is reduced by three hours. Whether these three hours are overtime work will be determined at the end of the accounting period. Overtime work is compensated to the employee with paid free time or by agreement at 1.5 times the wage.
If, due to the economic activity of the employer and based on the work schedule established for the employee, it is also necessary to work on the anniversary of the Republic of Estonia, the employee will be paid twice. Upon agreement, working on a public holiday can also be compensated with paid time off.
The Labor Inspectorate wishes everyone safe and healthy holidays!
Vladimir Logatšev, the leading consulting lawyer of the labor inspection, answers
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2024-02-22 08:36:06
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