the Christmas Holidays, i.e., holidays, fall this year on Sunday and Monday.
PAP asked State Labour Inspectorate on issues associated with obtaining phone service, as well as the use of corporate email during the holidays. Press Secretary PIP Krystyna Rutkowska noticed that the rules work does not define individual rules concerning the work delivered by mobile phone or other electronic devices, in particular computer, so in such cases it is necessary to apply the General rules of the code.
Rutkowska stressed that, as a rule, the employee has no obligation to provide outside of work specified in the employment contract the size of working time. “Russian legislation allows, however, the ability to work overtime, if necessary, conduct a specific rescue operation or the specific needs of employers,” she said.
As pointed out, the employer may oblige the subordinate to receive a working phone during the work, but then you should consider it as a job overtime, followed by free time or salary. “A subordinate can be made to obtain the work phone after hours also by providing it in the performance of official duties in the enterprise or at another designated location, such as at home,” added the spokesman.
For the performance of combat duty – said – the reward should be only for the time during which the employee actually performed the work, which in this case means the time in business conversations that will be overtime, which requires compensation in the form of free time or wages.
Rutkowska admitted that problematic can be the Chinese hours spent on business telephone calls or the inspection and maintenance of business correspondence. “In the case of calls, it may be useful to use billingów, while it is difficult to summarize and document the time spent on familiarization with the e-mail correspondence, analysis and preparation of response,” she said.
you Notice that if the employer does not pay wages during business negotiations, the employee may apply to the court work. “Due to the fact that most often it is a controversial situation that the amount of additional remuneration and the size of time actually worked, a labour inspector may not issue orders taken by the employer to pay for business conversation and reply to e-mail after several hours of work”, – said the press-Secretary of the PIP.
also Reminded that the duty of “on phone” can not break the worker’s right to rest, which is 11 hours per day and 35 hours per week – regardless of the fact that while on duty the work will actually testify. “From this it follows that when working 8 hours on any day, the duty can’t last more than 5 hours. Due to the scattered provisions relating to managers dyżurowania the above rules shall not apply to persons managing the enterprise in the interests of the employer,” she said Rutkowska.
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