No matter in what area and what the schedule involved an employee, the employer is obliged to respect the working hours, the varieties of which are fixed by the Labour Code.Every organization has the right to define their own rules, if it is not contrary to the law.Article 91 of the Labour Code imposes on the employer's responsibilities and taking into account the time spent corresponding to his payment, and Article 16 contains a description of the work schedules.
of working time and procedure of its establishment is regulated:
• internal regulations of the organization, ie internal regulations, familiarize the employee with the order of admission, transfer and dismissal, rights and responsibilities of the organization and the employee in relation to each other, the regime of employment andvacation time, and other issues related to relations between the organization and the staff.
• collective agreement by signing which the employee agrees with the specified therein.
In fact, the organization has the right to set working schedule and the employee may either accept the proposed terms, or refuse.The Labour Code defines only the basic provisions.
of working time and its kinds in accordance with Article 16 of the Labour Code.
1. Normal, or one shift.This is a common five-day week with two days off, or six days with one day off and staggered with floating output.Summation is done in the waste of time when the time counted daily or weekly, and in the period from one month to a year.This mode is appropriate in the circumstances, when it can not be done on account of days or weeks, for example, in shifts or working in transport.
2. Irregular schedule.An employer may bring an employee to perform his direct duties beyond the normal labor time.The employee has no right to refuse overtime and the employer may not require the alien to perform subordinate duties not covered by labor agreements.By establishing such a regime for the employee working hours, the organization, however, has no right to bring it to overtime employment too frequently, but only intermittently.For processing relies or additional paid holidays or addition to wages (article 119).
3. Flexible working hours, enabling employees in its sole discretion to determine the beginning and end of the working day, as well as its duration.But in the end it should be worked out by the legislation set the total number of hours for a certain period.Flexible (or sliding) schedule can be set either by the design of a job, or already in the process of agreement between the parties.The reasons for the transition to a floating or flexible working hours may be due to personal circumstances as the employee and the situation in the organization when a schedule is the most appropriate and effective.
4. regime change.It is used, as a rule, when the clock of the enterprise where the work is carried out in two or four shifts (day, evening or night) per day.At the same time each week an employee is entitled to rely on the weekends for a minimum of 48 hours.
5. The current in accordance with Article 105 of fragmented working hours provides for the division of the day by means of the breaks, which eventually added up.Their allowable number is not defined by law.
One of the main difficulties in this matter is that all the modes prescribed in the collective agreement or internal regulations, is not at odds with the Labour Code, but the workers are often processed without receiving any compensation.This is common in commercial organizations, and for fear of losing their jobs, the staff prefers not to engage in labor disputes.
It is also important to know that the work during the holidays and must be paid at least twice the amount, and the total (or average) number of working hours per week should not be more than 40, but, in reality, often working day lasts longer than five days.
