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Publication date: 12.04.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Overtime work is work performed by an employee beyond the prescribed normal working hours, which are usually defined by law or by agreement between the employer and the employee. According to Article 62 of the Labor Code of Ukraine, overtime work is prohibited, except in cases provided for by law. These cases are limited to specific circumstances, such as emergency situations (for example, an emergency situation that threatens the life or health of people), the need to perform work that cannot be delayed, or other cases provided by law.
Here are the main aspects of the application of overtime work in Ukraine:
Notification: Before using overtime work, the employer is obliged to notify the elected body of the trade union organization and obtain the appropriate permission from it. This requirement serves to protect the interests of employees and ensure their rights.
Payment: Overtime is paid to employees in the amount established by law. According to the current legislation, payment for overtime work must be no less than twice the hourly wage.
Limits on the number of hours: Legislation limits the number of hours of overtime work during a certain period of time. For example, according to the Labor Code of Ukraine, overtime work should not exceed two hours in one day and 120 hours per year.
Record keeping: The employer must keep a record of overtime work for each employee and provide him with access to these records.
Exceptional cases: The employer may use overtime work in the event of emergency situations, such as emergency situations, fires, natural disasters, etc., when it is necessary to respond immediately and take measures to prevent damage or threats to life and health of people, if necessary to finish already started works that were stopped due to unforeseen circumstances, during the performance of loading and unloading operations, if their non-performance will lead to downtime of rolling stock or accumulation of cargo, etc.
Ukrainian legislation provides for some categories of employees who have restrictions on engaging in overtime work. Here are some of them:
Pregnant women and women with children under the age of three: According to Article 63 of the Labor Code of Ukraine, pregnant women and women with children under the age of three cannot be involved in overtime work. This requirement is intended to ensure the safety and health of women and their future children.
Minors: According to Article 63 of the Labor Code of Ukraine, minor employees (persons under the age of 18) cannot be involved in overtime work.
Employees who are studying: if employees are studying in secondary schools or other educational institutions, they cannot be involved in overtime work without taking a break from production on the days of classes.
Overtime during martial law:
During a period of martial law or a state of emergency, the situation in the country becomes special, and legislation may change to meet the needs of defense and security of the population. Regarding overtime work in these conditions, appropriate restrictions or changes may be established depending on the specific circumstances. In such situations, labor and employment regulations may be temporarily modified or adapted to ensure national security and defense. If an employee is employed at a critical infrastructure facility, the duration of such an employee's working hours may be increased to 60 hours. Thus, the legislator terminated the effect of Art. 65 of the Labor Code, which defines the limit norms for the application of overtime work.
Legal assistance in labor disputes:
If the employee's rights are violated by the employer, this can lead to labor disputes, in the settlement of which the consultation of a labor law lawyer is highly desirable. The legislation provides for the settlement of disputes of an individual nature in several ways, namely by applying to the CTC and in court, and of course in each of them it is necessary to collect evidence, compile documents, analyze the requirements of the law, and a labor dispute lawyer can help with this. Also, a labor lawyer will help implement methods of pre-trial settlement of disputes by submitting requests and complaints.
