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If an employee with reduced working hours works a full working day...
If an employee with reduced working hours works a full working day...
According to Article 91 of the Labor Code, reduced working hours can be determined for different categories of workers, taking into account their age, health, working conditions, the nature of their job functions, and other factors, in accordance with relevant legal acts, as well as the terms of the employment contract or collective agreement. The specialist, Kemalə Yusifova, explains the requirements of the legislation:
The duration of reduced working hours per week:
- For workers under 16 years old — 24 hours;
- For workers aged 16 to 18 and for workers with disabilities due to a 61-100% impairment of body functions — 36 hours (according to Article 58.6 of the Labor Code, workers under 18 years old may only work at an additional workplace if the total daily working hours at both their primary and additional workplaces do not exceed the reduced working time specified in Article 91 for their category);
- Additionally, for pregnant women and women with children under one and a half years of age, as well as for parents who are raising children under the age of 3 alone, the working time should not exceed 36 hours.
For workers in workplaces where there is high sensitivity, stress, mental, physical, and nervous tension, as well as other factors negatively affecting the health of the individual, the specific duration of working hours for professions and positions is determined in a list approved by the Cabinet of Ministers' Decision No. 106, dated August 12, 2003.
Let’s clarify some questions that arise in practice regarding reduced working hours.
Question 1. If an employee with reduced working hours wants to work a full working day, is the employer required to fulfill this request?
The application of reduced working hours, regulated by Articles 91, 92, and 93 of the Labor Code, is mandatory for the employer. This means that even if the employee submits a request to work a full working day, the employer is not obligated to grant this request.
Question 2. How is reduced working time determined?
The specific hours for reduced working time are not specified in the Labor Code. Additionally, the phrase "mutual agreement between the employee and the employer" is not included when determining the work schedule. Therefore, the employer has the discretion to determine the reduced working hours for the employee. To avoid potential problems later, it is advisable for the employer to make notes about this in the documents.
Question 3. If an employee for whom reduced working hours should be applied is working full working hours, how is the process regulated?
In some cases, the employer, for any reason (such as lack of knowledge of the legislation, the workplace undergoing certification, etc.), fails to apply reduced working hours to an employee who is required to have reduced hours and has the employee work full working hours. In such cases, the employee should be paid extra compensation.
Example: A person working as a nurse in an emergency medical service department is working 40 hours a week. However, according to Cabinet of Ministers Decision No. 106, the weekly norm for such workers is set at 36 hours. In practice, when the State Labor Inspectorate identifies this violation, the situation is considered as working overtime, and in accordance with Article 165 of the Labor Code, double pay is calculated for the overtime hours.
According to Article 91 of the Labor Code, reduced working hours can be determined for different categories of workers, taking into account their age, health, working conditions, the nature of their job functions, and other factors, in accordance with relevant legal acts, as well as the terms of the employment contract or collective agreement. The specialist, Kemalə Yusifova, explains the requirements of the legislation:
The duration of reduced working hours per week:
- For workers under 16 years old — 24 hours;
- For workers aged 16 to 18 and for workers with disabilities due to a 61-100% impairment of body functions — 36 hours (according to Article 58.6 of the Labor Code, workers under 18 years old may only work at an additional workplace if the total daily working hours at both their primary and additional workplaces do not exceed the reduced working time specified in Article 91 for their category);
- Additionally, for pregnant women and women with children under one and a half years of age, as well as for parents who are raising children under the age of 3 alone, the working time should not exceed 36 hours.
For workers in workplaces where there is high sensitivity, stress, mental, physical, and nervous tension, as well as other factors negatively affecting the health of the individual, the specific duration of working hours for professions and positions is determined in a list approved by the Cabinet of Ministers' Decision No. 106, dated August 12, 2003.
Let’s clarify some questions that arise in practice regarding reduced working hours.
Question 1. If an employee with reduced working hours wants to work a full working day, is the employer required to fulfill this request?
The application of reduced working hours, regulated by Articles 91, 92, and 93 of the Labor Code, is mandatory for the employer. This means that even if the employee submits a request to work a full working day, the employer is not obligated to grant this request.
Question 2. How is reduced working time determined?
The specific hours for reduced working time are not specified in the Labor Code. Additionally, the phrase "mutual agreement between the employee and the employer" is not included when determining the work schedule. Therefore, the employer has the discretion to determine the reduced working hours for the employee. To avoid potential problems later, it is advisable for the employer to make notes about this in the documents.
Question 3. If an employee for whom reduced working hours should be applied is working full working hours, how is the process regulated?
In some cases, the employer, for any reason (such as lack of knowledge of the legislation, the workplace undergoing certification, etc.), fails to apply reduced working hours to an employee who is required to have reduced hours and has the employee work full working hours. In such cases, the employee should be paid extra compensation.
Example: A person working as a nurse in an emergency medical service department is working 40 hours a week. However, according to Cabinet of Ministers Decision No. 106, the weekly norm for such workers is set at 36 hours. In practice, when the State Labor Inspectorate identifies this violation, the situation is considered as working overtime, and in accordance with Article 165 of the Labor Code, double pay is calculated for the overtime hours.