Regulation of working and rest time in new Labour Code

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Presentation transcript:

Regulation of working and rest time in new Labour Code Speaker: Vita Baliukevičienė, Head of Labour Law Division, Ministry of Social Security and Labour of the Republic of Lithuania 11 October 2017, Chisinau

Working time (1) 5 working time arrangements were introduced: fixed duration of workdays/shifts and number of working days per week; summary working time recording, when the standart working hours for the entire reference period are fulfilled during the reference period; flexible work schedule where an employee is required to be present at the workplace for the certain period of working day and can work the other hours before or after the required hours; split shift working time arrangements when work is done on the same day with a break to rest and eat that is longer than established maximum; Individualised working time arrangements. When not established - one week reference period; 5 working days; equal number of hours per workday.

Working time (2) Standart working hours shall be 40 hours per week, except when shorter working hours are established or parties agree on part-time work. Daily working time duration of 8 hrs withdrawn retained working time standard of 40 hrs per week. Average working time, including overtime, not longer than 48 hrs per 7 days; Working time, including overtime and additional work per day (shift) may not be longer than 12 hrs and 60 hrs per 7 days; Not more than 8 hrs of overtime per 7 consecutive days; up to 12 hrs, if the employee gives written consent; Maximum overtime per year – 180 hrs (it was 120 hrs in 2002 Labour Code)

Working time (3) Summary working time recording shall be introduced where necessary after completing information and consultation procedure with the work council and taking opinion of the trade union into account; Work/ shift schedules shall be communicated to employees at least 7 days before they come into effect. In cases beyond the employers control – 2 days in advance. Schedules must be drawn up in such a way that they do not violate the maximum working time of 52 hours per each 7 day period; Reference period – 3 months 4 months in 2002 LC

Annual leave New: Annual leave will be calculated on the basis of working days. At least 20 working days (if there are 5 working days per week), at least 24 working days (if there are 6 working days per week), and not less than 4 weeks, if the number of working days is lower or different Employers under 18 y/o, employees single-handedly raising a child under 14 y/o or disabled child under 18 y/o and the disabled employees – 25 working days of annual leave (if there are 5 working days per week) As of 1 July 2017, the annual leave held will be adjusted – 7 calendar days to 5 working days of annual leave, rounded up. Unpaid leave – by agreement of the parties. Free time for personal needs: working time can be moved to another working day (shift).

Special leave New: the employer must provide 14 days of pregnancy and childbirth leave right after childbirth even if the employee does not request that. Parental leave: 30 calendar days allowed at any time from the childbirth until the child becomes 3 months old; in case of a complicated childbirth or multiple births – until the child becomes 6 months old. New: 5 working days for training leave for non-formal education; employees employed for at least 5 years by the employer are paid no less than half of the average wage during the educational/training leave of up to 10 working days per year for formal or non-formal education. Additional leave for long-term continuous employment – 3 working days for 10 years and another working day for every 5 years. Employees with greater nervous, emotional or mental tension and occupational risk – up to 41 working days extended leave. Employees raising a disabled child under 18 y/o or two children under 12 y/o are given 1 exrtra day off per month; raising three or more children under 12 y/o are given 2 extra days off per month, paying them average wage. Unpaid leave – by agreement of the parties. Free time for personal needs: working time can be moved to another working day (shift).

Thank you for the attention! Questions?