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Does the reduction of working hours on the day before a public holiday also apply to employees working under a part-time (reduced working hours) regime?
Does the reduction of working hours on the day before a public holiday also apply to employees working under a part-time (reduced working hours) regime?
According to Article 108 of the Labour Code, the duration of the working day preceding the voting day, public holidays that are not considered working days under Article 105 of this Code, and the National Mourning Day shall be reduced by one hour, regardless of the number of working days in a week.
So, does this legal requirement also apply to employees working under a part-time (incomplete) schedule or a six-day work regime? Expert Kamala Yusifova provides clarification.
In enterprises operating under a six-day work week, the duration of the working day that directly precedes a rest day must not exceed 6 hours. When the weekly norm is 40 hours, the daily working time must not exceed 7 hours, and the working day that directly precedes a rest day must not exceed 6 hours.
Example 1: Suppose that 8 November – Victory Day – falls on a Friday. In that case, the working hours on Thursday will not be 7 hours but 6 hours. That means a one-hour reduction will be applied.
In the cases provided under Articles 91, 92 and 93 of the Labour Code, the working hours are already reduced; therefore, an additional reduction is not applied.
Example 2: According to Article 91, the weekly working time for pregnant women cannot exceed 36 hours. A pregnant woman working under a six-day schedule works 6 hours per day. If 8 November falls on a Friday, then her working hours on Thursday will remain 6 hours.
Example 3: The employee works under a five-day work schedule. 20 January – the National Mourning Day – falls on a Sunday. Since Saturday is the employee’s rest day, the working hours on Friday will not be reduced.
Regarding part-time work, Article 94 of the Labour Code states that when concluding an employment contract, or during the course of employment, the employer and employee may mutually agree to establish part-time working hours — a part-time workday or part-time workweek. The duration of part-time work and the period during which it applies — monthly or yearly — is determined by mutual agreement, and any limitation of the labour rights of an employee performing job duties under part-time working hours is not permitted.
As the article indicates, the labour rights of an employee working under a part-time regime cannot be restricted under the Labour Code. Therefore, the one-hour reduction should also apply to them.
According to Article 108 of the Labour Code, the duration of the working day preceding the voting day, public holidays that are not considered working days under Article 105 of this Code, and the National Mourning Day shall be reduced by one hour, regardless of the number of working days in a week.
So, does this legal requirement also apply to employees working under a part-time (incomplete) schedule or a six-day work regime? Expert Kamala Yusifova provides clarification.
In enterprises operating under a six-day work week, the duration of the working day that directly precedes a rest day must not exceed 6 hours. When the weekly norm is 40 hours, the daily working time must not exceed 7 hours, and the working day that directly precedes a rest day must not exceed 6 hours.
Example 1: Suppose that 8 November – Victory Day – falls on a Friday. In that case, the working hours on Thursday will not be 7 hours but 6 hours. That means a one-hour reduction will be applied.
In the cases provided under Articles 91, 92 and 93 of the Labour Code, the working hours are already reduced; therefore, an additional reduction is not applied.
Example 2: According to Article 91, the weekly working time for pregnant women cannot exceed 36 hours. A pregnant woman working under a six-day schedule works 6 hours per day. If 8 November falls on a Friday, then her working hours on Thursday will remain 6 hours.
Example 3: The employee works under a five-day work schedule. 20 January – the National Mourning Day – falls on a Sunday. Since Saturday is the employee’s rest day, the working hours on Friday will not be reduced.
Regarding part-time work, Article 94 of the Labour Code states that when concluding an employment contract, or during the course of employment, the employer and employee may mutually agree to establish part-time working hours — a part-time workday or part-time workweek. The duration of part-time work and the period during which it applies — monthly or yearly — is determined by mutual agreement, and any limitation of the labour rights of an employee performing job duties under part-time working hours is not permitted.
As the article indicates, the labour rights of an employee working under a part-time regime cannot be restricted under the Labour Code. Therefore, the one-hour reduction should also apply to them.