2024-03-28 07:31:02
Chancellor Šarūnas Orlavičius emphasizes that the parties, following the provisions of the Labor Code, must agree on the working time rate in the employment contract, that is, how many hours on average the employee will work for the employer during a certain period, and reminds that the employee’s working time rate is forty hours per week, when working full time.
In addition, it is necessary for the parties to determine (choose) the working time mode, that is, the distribution of the working time rate during a working day (shift), week, month or other accounting period. “The working time regime for one or more employees, a group of employees or all employees in the workplace is determined by the employer – stresses Š. Orlavičius. – The parties can also agree on a specific working time regime individually, based on the principle of freedom of agreement between the parties, so already according to the currently valid legislation it is possible to set a working time rate shorter than forty hours and choose a regime acceptable to the parties.”
“After selecting the appropriate working time regime, the legal acts regulating labor relations now provide for the possibility of distributing the working time rate so that it is fulfilled not in five, but in four working days,” emphasizes the chancellor. – For example, after choosing the application of an individual working time regime, the parties could agree on a four-day working week model, working not eight, but ten hours a day, when working full-time.” According to Š. Orlavičius, such a working time regime, by introducing four week of working days, could also be determined by the employer, taking into account the capabilities of the company, institution, organization, ensuring efficient work and using the right granted by the Labor Code to organize the work of subordinate employees.
“We can be happy that we are increasingly receiving questions from employers who want to improve the working conditions and situation of employees in the workplace, for example, about the possibility of establishing a four-day work week and reducing the employee’s working time rate, but leaving the salary due to him the same, that is his do not reduce, – says Š. Orlavičius. – The obvious goal of employers is to rest more days than usual after the quality of the employee’s personal and family life has improved, to achieve even greater employee efficiency and job satisfaction.”
The possibility of passive standby was mentioned
The Chancellor points out that the Labor Code, in accordance with Article 118, Part 4, provides for the possibility for the parties to agree on being on duty at home when the employee is not at the workplace, but is ready to perform certain actions or come to the workplace, if necessary, during his usual rest time.
“This time is not considered working time, but the actions actually performed are classified as working time and are paid with the set salary, – stresses Š. Orlavičius. – If such – passive – on-call at home is agreed in the employment contract, a bonus of at least twenty percent should be paid, but it is not prohibited to pay more, for example, full or half of the set salary. In this way, an employee could work four days a week, and the fifth day would be designated for being on duty at home, performing certain actions only when the need arises.”
According to the chancellor, the decision to establish passive duty at home one day a week, reducing the employee’s working time per week, is often in the interests of both the employer and the employee. Employees can normally work four days a week, and can perform work functions when unforeseen circumstances arise and when necessary to perform certain actions.
It should be emphasized that the parties to the employment relationship also have the right to agree on partial working hours, that is, a reduction in the working time rate, for example, to set to work only 32 hours per week instead of 40 hours, correspondingly by equalizing the desired salary for this working time rate. However, such a change in the working time rate and salary is possible only with the written consent of the employee.
Š. Orlavičius notes that according to the legislation currently in force in Lithuania, the opportunity to choose a four-day work week is given to employees raising a child up to three years old, who work in state and municipal institutions, supported from the state or municipality budget, the budget of the State Social Insurance Fund or from funds of other funds established by the state, as well as in state and municipal companies, public institutions owned by the state or municipality, and the Bank of Lithuania. Employees have the right to reduce their working time to 32 hours when working full time and to receive the full set wage for the part of the working time not worked. Of course, they can choose a four-day week as one of the options for reducing the working time.
2024-03-28 07:31:02