Publication date: 03.06.2024
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Payment for overtime work
1. Introduction
Working overtime is a common practice for many businesses, especially in times of high demand or urgent orders. However, payment for overtime work has special rules determined by legislation. In this article, we will consider the main aspects of overtime pay, the legal framework, the rights of employees and the obligations of employers.
2. Legislative framework
2.1. Basic normative acts
In Ukraine, the issue of payment for overtime work is regulated by the Labor Code of Ukraine (KZpP). In particular, Articles 106 and 107 of the Labor Code determine the procedure and conditions for overtime pay.
2.2. Determination of overtime hours
Overtime is time worked beyond the established length of the working day or working week. Overtime may be permitted only in exceptional cases provided for by law and with the agreement of the trade union organization (if any).
3. Overtime payment procedure
3.1. Calculation of payment
According to the Labor Code, overtime work is paid at an increased rate. For the first two hours of overtime work, employees are paid at least one and a half times the normal hourly rate. For the following hours of overtime work, no less than twice as much.
3.2. Alternative forms of compensation
In addition to monetary compensation, employees may be given additional rest (time off) instead of overtime pay. Such time off must be granted with the consent of the employee and cannot be less than the number of overtime hours worked.
4. Rights of employees
4.1.Voluntary overtime work
The employee has the right to refuse to work overtime, unless it is stipulated by law as mandatory. Forced overtime work without the employee's consent is a violation of his rights.
4.2. Protection against discrimination
Employees who refuse to work overtime should not face discrimination or negative consequences in the workplace.
5. Obligations of the employer
5.1. Compliance with legal norms
The employer is obliged to comply with the legal norms regarding the payment of overtime. This includes correct calculation of pay, timely payment and provision of alternative compensation as agreed by the employee.
5.2. Keeping records of overtime hours
The employer must keep accurate records of overtime hours worked by each employee. This is necessary for the correct calculation of payment and ensuring compliance with legal requirements.
6. Liability for violations
6.1. Employer's responsibility
The employer may bear administrative or financial responsibility for violating the rules on payment of overtime. This may include fines, worker's compensation and other penalties provided by law.
6.2. Protection of workers' rights
Employees have the right to appeal to state authorities or the court in case of violation of their rights regarding payment of overtime. They can also turn to trade union organizations to protect their interests.You may be interested in reading articles on such topics as:
collection of debt from salary collection of salary through court collection of arrears from salary collection of wages collection of wages in court.
You may be interested in reading articles on such topics as:
collection of debt from wages recovery of wages through court recovery of wage arrears recovery of wages recovery of wages in court recovery of wages through court
