2024-07-16 16:43:37
“Work could be organized during the employee’s scheduled rest day in exceptional cases, because the rest days are intended for the employee’s rest and recovery,” emphasizes Ieva Piličiauskaitė-Dulkė, head of the Labor Law Department and chief labor inspector. – Of course, various unforeseen situations may occur when it is necessary to call an employee to work on his day off, but in such circumstances it is important to know what are the restrictions established by legislation, how wages are regulated and what employee’s rights are protected.”
The head of the department emphasizes that for work on a rest day, which is not determined according to the work or shift schedule, the employee is paid at least twice his salary.
“It is important to determine whether, while working on a day off, the employee exceeds the weekly working time rate set for him – if it exceeds, in this case, payment for overtime work on the day off is applied, but in this case the amounts of payment coincide, that is, both work on the day off and overtime work on the day off are paid at least twice the salary of an employee”, says I. Piličiauskaitė-Dulkė.
The specialist points out that wages include not only the basic wage, that is, hourly wages or monthly wages, but also other payments, such as bonuses, bonuses and others, according to the wage system approved by the company or stipulated in the employment contract, so when calculating the employee’s work the salary for work on a rest day includes all parts of the salary provided for in Article 139, Part 2 of the Labor Code.
I. Piličiauskaitė-Dulkė notes that it is possible to compensate the employee for work on rest days with additional rest, that is, with the employee’s written consent, the time on the work day off, multiplied by a number not less than 2, can be added to the annual vacation time.
“For example, if an employee worked 4 hours on a day off, at least 8 hours are added to his annual leave time, so in this case, the time actually worked on the day off is not paid, but is paid with wages for the entire rest time, which is added to the annual leave” , – emphasizes the head of the Labor Law Department.
According to I. Piličiauskaitė-Dulkė, it is important to note that the one-person management body of a legal entity is not paid for work on a day of rest, and the managing employees of a legal entity are paid as for work in normal working hours, unless the parties agree otherwise in the employment contract. In any case, accounting is done on a day off.
“Appointing an employee to work on a day off, which is not determined according to the work or shift schedule, is possible only with the written consent of the employee, in addition, when the employer organizes the work process on the day of rest, it is necessary to comply with the established imperative requirements of the maximum working time and the minimum time of rest”, – the main highlights of the working day of rest composed by chief labor inspector I. Piličiauskaitė-Dulkė.
2024-07-16 16:43:37