When is the Authorization required for working on additional hours?
The conditions in which additional hours are required are set out in the Labor Code. The request for additional hours can not be continuous for an average length of time. The participant can not be forced to complete additional hours. The employer may require the performance of additional hours for a justified reason and with the consent of the employee, taking into account the personal and family conditions of the employee. The maximum number of additional hours is defined in the individual or collective employment contract. There may be exceptions for up to 4 months, for the employee to work for more than 48 hours, with the condition that the average weekly working hours for this period should not exceed 48 hours.
The maximum limit for all types of jobs is no more than 200 hours per year.
With the authorization of the Labor Inspectorate, the maximum number of additional hours may be exceeded in cases of force majeure or urgent work for the benefit of the population. In this case, the maximum time limit or timing is defined.
Who is doing the request? Which way to follow?
The request comes from the subject itself, here:
Important: After this request the subject will be notified of the day of the inspection visit for this purpose as well as the appropriate documentation for approval / issuance of this authorization.
Authorization or its refusal (for legal reasons) can also be sent via official post, after the inspection visit.
Reminder: You must know in advance that:
The documentation is verified and checked by the labor inspector while processing the Requests for the fulfillment of the work on additional hours by the employee is:
- List of employees who will work on these additional hours, (name surname and job position, medical records for these employees as well as the risk assessment document for the job position)
- Individual employment contracts (should be foreseen in the individual contract the fulfillment of additional hours and the way of their payment)
- Collective contract, as well as the respective Trade Union approval, if on this subject operates the Trade Union Organization.
Additional hours are considered a necessity which can come in certain circumstances and in the collective agreement, it is necessary to define the maximum number of them.