The employee lends the opportunity to take over overtime hours worked in the company in the form of hours or days (depending on the amount of overtime). The employee may apply for compensation from the employer in the form of additional remuneration in the form of cash.
The employee is entitled to an allowance for overtime work in addition to the normal remuneration. Its amount depends on the situation in which an employee had to devote his time to perform this additional job:
- night hours,
- on Sundays and holidays that are non-working days for the employee,
- on a non-working day given to an employee in exchange for work on Sunday or on a holiday, in accordance with the harmonograme of working time in force.
In the above cases, the employee is entitled to pay the supplement to the remuneration of 100%.
We are entitled to compensation of overtime worked in the amount of 50% if its work falls in:
- at weekdays,
- on Sundays and holidays that are working days for the employee, in accordance with the applicable working time schedule.
The situation is different when the employee applies to the employer for the settlement of overtime worked out. The use of overtime is not limited by the period in which these overtime worked. In this case, if the employee does not use the free days before the end of the settlement period, they pass for another period declared in the employee's application. The employer may give the employee the order to work overtime in any way. The employee is obliged to carry out the work order within a certain time. Refusal to perform overtime work may be justified if the instruction to perform it is contrary to the law, rules or contract of employment . An important issue is that the employer can not plan work overtime. Number of overtime hours worked due to the special needs of the employer can not exceed 150 hours per calendar year for a particular employee . The absolute prohibition of working overtime applies to:
- pregnant employees,
- a juvenile employee,
- non-disabled worker
- employees employed in positions where there are factors that adversely affect human health
Compensation for overtime work by giving free time can be used in all working time systems.
The above rules are applicable in the Polish State. However, it should be known that not every state has a labor code regulating the duties and rights of employees and employers, for example: in England such regulations are determined by an employment contract signed with an employer, but they do not constitute the entire scope of the directives, there are also rights and obligations "implied".
In order to meet fully binding regulations and the contract, employers must check the employee's working time in detail, especially those who report overtime. The employer should have specific rules for measuring working time so that there is no doubt about the hours worked. Each employee should be identified and controlled whether the time he devotes is fully devoted to his work (if it is possible). The number of overtime hours should be confirmed each time by the employee's superior so that there is no doubt about it and the amount of remuneration is adequate to the time worked .
Author: Zofia Rey
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