Publication date: 02.06.2024
active and purposeful military lawyer with more than 4 years of experience
Overtime during martial law
Introduction
Martial law in Ukraine makes significant adjustments in all spheres of life, including labor relations. One of the aspects that needs special attention is overtime. During martial law, situations may arise when enterprises need to ensure the continuity of production processes or perform additional tasks that require the involvement of employees overtime. In this article, we will consider the peculiarities of regulation of overtime work in the conditions of martial law in Ukraine.
Legislative regulation
Code of Labor Laws of Ukraine (KZpP)
According to the Labor Code of Ukraine, overtime work is allowed only in exceptional cases and with the consent of the employee. The legislation also defines clear limits on the duration of overtime work and compensation for it.
The Law of Ukraine "On the Organization of Labor Relations in the Conditions of Martial Law"
This law provides for the possibility of changes in labor relations during martial law, including an increase in the number of overtime hours. In particular, employers are given more freedom in making decisions regarding the organization of working hours to ensure the continuous operation of enterprises.
Peculiarities of overtime work during martial law
Increasing the duration of overtime work
During martial law, employers can increase the duration of overtime work, taking into account the needs of the enterprise. This may be necessary to perform urgent and important tasks, maintain the vital activity of critical infrastructures and ensure the country's defense capability.Restrictions and rights of employees
Despite the possibility of increasing the number of overtime hours, employees have the right to refuse overtime work if it is against their interests or health. Employers must take into account the risks of overfatigue and ensure adequate working conditions.
Compensation for overtime work
The legislation stipulates that overtime must be compensated by increased pay or the provision of additional time for rest. During martial law, these regulations remain in effect and employers must ensure fair compensation for additional hours worked.
Practical aspects of organizing overtime work
Work time planning
Employers are advised to carefully plan working hours, taking into account possible overtime. It is important to ensure a balance between the performance of production tasks and the observance of workers' rights.
Communication with employees
Open communication with employees regarding the need for overtime work and the conditions for their performance will help reduce misunderstandings and increase employee motivation. It is important to explain the reasons and circumstances that require an increase in working hours.
Taking into account the state of health of employees
Employers must take into account the state of health of employees and provide them with proper working conditions during overtime work. Overwork and stress can negatively affect the productivity and overall health of workers.
Conclusion
Overtime during martial law is an exceptional measure that may be necessary to ensure the continuity of production processes and the completion of important tasks.At the same time, employers must comply with legal regulations, ensuring fair compensation and decent working conditions for employees. Open communication and attention to the state of health of workers will contribute to the effective performance of overtime work.
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