Time on call included in working time, paid overtime for managers – we know the proposed changes

2018.06.29

Work on changes to the labor code with respect to time on call is continuing – it will be included in working time regardless of whether work is being performed or not. In addition, there will be compensation for time on call spent at home. Moreover, the proposed changes foresee overtime pay for managers that manage a workplace on behalf of the employer.

At present, managers who manage workplace on behalf of the employer do not have the right to an uninterrupted period of 11 hours of rest during a 24 hour period, nor the right to overtime pay. The bill foresees changes in this respect. If it comes into force, such employees will receive both the right to the rest period and the right to overtime pay.

With respect to time on call, the legislator is proposing that time on call outside of the normal working hours be included in working time regardless of whether work is being performed or not. This is going to apply to time on call at workplace as well as at home. For the time spent on call, the employee will receive time off in the same duration as the time spent on call, and, if it is not possible to grant time off, a remuneration reflecting the employee's employment grade, defined with an hourly or monthly rate (and, if there is no such component of the remuneration, 60% of the remuneration paid to the employee). This is a significant change, because at present time on call is not included in working time if work is not performed. What is more, no compensation is due to the employee for readiness to work in the case of time on call at home.