2024-04-21 10:21:11
When the state no longer intervenes in the transfer of working days
Such weeks are a great stage for juggling the various rest periods provided for by the Labor Code: joining Mother’s Day, Father’s Day, etc.
Some businesses even provide non-holiday, but simply rest days at their own expense – either by extending weekends or setting a four-day work week for the summer season. If the employer raises it financially, everything is fine: the Labor Code allows for improvements in the position of employees. However, not all employers can afford such a luxury, but some of them at least tend to create conditions for a longer rest period for their employees, which is undoubtedly important in increasing their loyalty to the company. So you just need to look for the most suitable option.
Probably many people, with or without nostalgia, remember that in recent decades there were periods when, by the Government’s decision, if it was possible to create four days of rest in a row, the day off was moved from the nearest weekend to the nearest Friday or Monday. Historically, we have even had such a move of days several times. However, we haven’t had such an opportunity for quite a long time and probably won’t have it, because shortening the working time in one week significantly increases the working time in the next week, which is already a violation of not only Lithuanian, but also EU requirements for working time. However, there are other measures that can help you to be a little more flexible about the work and rest regime during such special weeks.
The possibility is offered by a temporarily extended working day
The current Labor Code sets the weekly rate at 40 working hours and, importantly, no longer provides for 8 hours. working day rates that were in effect when rest days were moved back and forth. However, the working day cannot last indefinitely. Now, the maximum duration of a working day (with overtime and work under additional work contracts) is 12 hours. This means that if there was a desire to make it possible for an employee to have Monday off before, say, a public holiday on Tuesday, it would be enough to distribute seven (the working day is shortened by 1 hour on the eve of public holidays) working hours on Monday to other working days, ensuring that they do not exceed 12 hours, and the working week would not be longer than 40 hours.
Of course, such a decision would also create an administrative burden, as work schedules would have to be changed, the length of the working day should be correctly reflected in the notices, etc., and it is not a measure that can be determined by a unilateral decision of the employer. In order to implement such a “project”, it is appropriate to obtain the consent of the employee, because the life and family circumstances of each employee may be different and extended working hours may be unfavorable to his life routine.
The best intentions can be ruined by poor planning
If a public holiday coinciding with a weekend seems like a big loss that the employer should compensate, it should be remembered that the employer is not legally obliged to do so. Public holidays, although they are days on which no work is normally done, are not days for additional rest (such as holidays). For those businesses that work seven days a week, it doesn’t really matter what day the holiday falls on. They will still pay the employee for work on a holiday (coinciding with, for example, Sunday or not) at a higher rate, and on the eve of the holiday they will still have the obligation to organize a shortened working day at their own expense or to pay one hour as overtime.
Some companies solve the issue of a public holiday in the middle of the week by granting a collective holiday. In this way, May 1st could be connected to a weekend for the entire company before or after a two-day vacation, creating even five days of vacation in a row.
The question is, is group annual leave really possible? The Labor Code is proudly silent about this – it neither prohibits nor says that they are possible. According to the general rule, vacations must be allocated according to the order, by agreement of the parties, etc. But after all, we all know that in the world there are regular company holidays, for example, summer or Christmas holidays. Such a holiday is not formally provided for in Lithuania.
However, in this case, if we were talking about shorter general company holidays and if the employees knew about such holidays in advance, the granting of holidays would be discussed with the representatives of the employees (if any), then it should be considered that the decision to grant collective holidays does not contradict the letter of the law.
In essence, a pre-announced decision on a joint rest lasting just a couple of days should not be seen as inconsistent with the principle of work-life balance. In addition, by granting such leave, the employer also takes a little risk, because it may be necessary to release those employees who do not even have the necessary leave balance.
Finally, an often forgotten principle of labor law applied under the Labor Code should be reminded: both employers and employees are prohibited from abusing their rights. Parties must cooperate and exercise their rights in good faith. Therefore, a well-planned and well-communicated corporate holiday could be an acceptable solution, with a day or two separating a public holiday from a weekend.
2024-04-21 10:21:11