In Ukraine, labor relations between employee and employer are regulated by relevant legislation. There are cases when an employer applies overtime work. Specialists from the South-Eastern Interregional Department of the State Labor Service explained in what cases workers can be involved in such work.
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What is overtime work.
Derzhpratsi noted that the following work is considered overtime:.
in excess of the established duration of the working day or shift (art.. 52 Labor Code of Ukraine);
in addition to the reduced working hours for workers with reduced working hours (Article. 51 Labor Code of Ukraine - for persons aged 16 to 18 years, for workers engaged in work with hazardous working conditions, for certain categories of workers (teachers, doctors and others);
in excess of the reduced duration of work established by law on the eve of holidays, non-working days and weekends (Article. 53 Labor Code of Ukraine);
in excess of the norm of working time for the accounting period with summarized accounting of working time (Article. 61 Labor Code of Ukraine).
When can an employer require overtime work?.
An employer may use overtime work only in the following exceptional cases:.
when carrying out work necessary for the defense of the country, as well as preventing a natural disaster, industrial accident and immediately eliminating their consequences;
when carrying out socially necessary work on water supply, gas supply, heating, lighting, sewerage, transport, communications - to eliminate accidental or unexpected circumstances that disrupt their proper functioning;
when it is necessary to complete work that, due to unforeseen circumstances or an accidental delay due to technical production conditions, could not be completed during normal working hours, if its termination could lead to damage or destruction of property, as well as in the event of the need for urgent repairs of machinery, other equipment or equipment, if their malfunction causes a stoppage of work for a significant number of workers;
if it is necessary to perform loading and unloading operations in order to prevent or eliminate idle time of rolling stock or accumulation of cargo at points of departure and destination;
to continue work if the incoming employee does not show up, when the work does not allow a break;
in these cases, the employer is obliged to immediately take measures to replace the shift worker with another employee;
when it is necessary for domestic workers to perform urgent work stipulated by the employment contract, the failure of which threatens the life or health of a household member, or in other exceptional cases specified in the employment contract.
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Let us remind you whether a woman with a small child can be hired to work at night.