The norm of working time established by the Labor Code should not exceed 40 hours per week. At the same time, the employee is not required to work overtime, because overtime is not a right, but a necessity, only in rare cases. Lawyer Stepan Polyansky told socialbites.ca about this.
According to the expert, often not all employees understand how overtime should be handled. First, the employer must obtain his written consent to include the worker in overtime, and then give an instruction to do so. As a result, overtime should be reflected in the time sheet, which becomes the basis for the accrual of compensation to the employee, which should be mandatory.
The only exceptions are specialties with an irregular study schedule. The concept of overtime is not valid for such employees, and the maximum period that can be expected is to be given an additional day to the annual paid leave.
“In practice, not every employer works overtime and not every employee receives copies of such documents. The lawyer said in the future it may be difficult to prove whether the employee is working overtime or not.
He noted that the amount charged to employees for processing is determined by the remuneration regulation, which indicates the scale of the tariff or possibly fixed amounts reflecting various additional payments. It is usually found in every company.
“If the employer refrains from paying accruals and compensation for overtime, the employee has the right to complain to Rostrud for non-payment or to the prosecutor’s office,” said Stepan Polyansky.
The lawyer added that this is not considered overtime if an employee is late for work on his own initiative, for example because he does not have time to do something or tries to do more and better work.
“Here it is necessary to clearly understand that overtime is a properly executed document: a statement and an order. Personal initiative for a certain period of stay after work does not have to be paid by anyone, ”the expert concluded.
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Barbara Dickson is a seasoned writer for “Social Bites”. She keeps readers informed on the latest news and trends, providing in-depth coverage and analysis on a variety of topics.