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Publication date: 07.04.2024
active and purposeful military lawyer with more than 4 years of experience
Payment for overtime work
According to Art. 64 of the Code of Labor Laws of Ukraine (hereinafter the Labor Code), overtime is considered to be work beyond the established length of the working day.
A number of articles of the Labor Code establish the length of working hours of employees:
- Article 50 stipulates the norm of the length of working hours of employees
40 hours for a week;
- Article 51 provides for the categories of employees who are established
reduced working hours;
- Article 53 provides for the reduction of working hours on the eve of holidays and
non-working days;
- Article 61 establishes that final accounting may be introduced
working hours so that the duration of working hours during the accounting period does not exceed the normal number of working hours
Violation of labor legislation is actually a criminal liability for the employer and manager, therefore compliance with labor legislation is quite important.
Therefore, any excess of working time over the established norm will be considered overtime.
According to Art. 64 of the Labor Code, the employer can apply overtime only in exceptional cases.Cases when overtime can be applied:
1) when carrying out works necessary for the defense of the country, as well as averting a public or natural disaster, industrial accident and immediate elimination of their consequences;
2) when carrying out publicly necessary works on water supply, gas supply, heating, lighting, sewage, transport, communication - to eliminate accidental or unexpected circumstances that disrupt their proper functioning;
3) In case of need, to finish the work which, due to unforeseen circumstances or accidental delay due to technical conditions of production, could not be finished during normal working hours, when its termination may lead to damage or death of state or public property, as well as in the case of the need for urgent repair of machines , machines or other equipment, when their malfunction causes a stoppage of work for a significant number of workers.
4) If necessary, carrying out loading and unloading operations in order to prevent or eliminate the idleness of rolling stock or the accumulation of goods at the points of departure and destination.
5) To continue work in the absence of a substitute employee, when the work does not allow for a break; in these cases, the owner or the body authorized by him is obliged to immediately take measures to replace the substitute with another employee.
The legislation provides for a clear list of cases when the employer can engage in overtime work, and the employees still work above the norm.First of all, this applies to enterprises in which employees work according to the shift mode of work, and indicates that the employer, instead of creating several additional jobs, uses a larger number of shifts per month.
It should be borne in mind that although the Labor Code contains restrictions on the use of overtime work of no more than 120 hours per year, and some employers neglect this requirement, all hours worked by employees overtime must be paid, since the requirements of Article 106 of the Labor Code do not limit the payment of a certain number of hours months
In those cases when the enterprise uses the final accounting of working hours, all hours worked over the established working hours in the accounting period are paid as overtime, in accordance with the procedure provided for in part 1-2 of Article 106 of the Criminal Code.
