To the issue of overtime work under the labor law of Ukraine

Abstract

The article examines issues of labor legislation of Ukraine in connection with the involvement of employees in overtime work. The object of scientific research is the duties of employees determined by their work function, as well as the duties that employees are obliged to observe due to compliance with the rules of industrial sanitation, hygiene and occupational health and safety. At the same time, the authors substantiate that compliance with such duties, in particular in the case before the beginning of the working day (shift) or after it ends, is not overtime work and cannot be paid in a double amount, as it is provided for this type of work. For this purpose, the authors analyze the domestic legislation on overtime work, while special attention is paid to the grounds and conditions for involving employees in this type of work.
 They do not overlook the legislation on labor remuneration, in particular, the expediency of providing in the collective agreement additional payments to employees for the performance of duties that precede the beginning of the working day (shift) and the performance of duties after their completion is substantiated. The subject of the study is also the question of establishing such obligations by acts of a local nature. At the same time, the authors prove that employers are able to attract employees to work before the beginning of the working day (shift) or after it ends. However, employers must provide for such obligations by acts of a local nature, primarily by internal work order rules. This will contribute to employees' compliance with labor discipline and may serve as a necessary basis for bringing them to disciplinary responsibility in case of unwillingness to perform such duties, or their improper performance. The article ends with short conclusions reached by the authors based on the analysis of domestic legislation and case law materials.