Understand the laws governing work hours and overtime in Ukraine
Ukrainian labor law establishes a framework for standard working hours, ensuring fair treatment for employees. Here's a breakdown of the key regulations:
The standard work week in Ukraine cannot exceed 40 hours. This translates to a maximum of eight hours per day within a five-day workweek.
There are certain exceptions and considerations to these standard working hours. Employers can implement a six-day workweek, but the daily working hours must be reduced to ensure a total of 40 hours per week. Certain employee categories are entitled to shorter workweeks. For instance, individuals working in hazardous conditions have a maximum 36-hour workweek. During martial law, the maximum working hours for critical infrastructure employees can be extended to 60 hours per week.
In Ukraine, overtime work is generally not permitted unless there are exceptional circumstances. These can include completing urgent tasks to prevent equipment or product spoilage, addressing emergencies or unforeseen situations, or completing tasks necessary to function during a critical period for the company. Employer consent is mandatory for any overtime work, and employees cannot be forced to work beyond standard hours.
There are limitations on overtime work. Daily overtime cannot exceed four hours for two consecutive days. The total yearly overtime allowance is capped at 120 hours. However, these limitations are temporarily lifted during martial law. Specific employee categories, like pregnant women or those with young children, are generally exempt from overtime work.
All overtime hours must be compensated at a rate of at least double the employee's regular hourly wage. Employees cannot be offered time off in lieu of overtime pay. Employers are obligated to maintain records of all overtime work performed by each employee. Working more than 56 hours per week, including overtime, is considered a violation of employee well-being.
In Ukraine, labor law mandates designated rest periods and breaks to ensure employee well-being and productivity.
All employees are entitled to breaks during the workday after four hours of continuous work. There is no minimum mandated duration for these breaks, but they typically don't exceed two hours. The specific timing and duration of breaks are often determined by internal company regulations or collective bargaining agreements.
There are exceptions for certain employees. Mothers with children under 1.5 years old are entitled to additional breaks for feeding and caring for their child, at least every three hours, with a minimum duration of 30 minutes each. This break time is considered paid working time. Mothers with two or more children under 16 years old are entitled to additional breaks for feeding and caring for their children, at least every three hours, with a minimum duration of one hour each. This break time is also considered paid working time.
There is no specifically mandated minimum daily rest period between workdays in Ukrainian law. However, other regulations indirectly influence this. The standard workweek is capped at 40 hours, implying a minimum rest period of 168 hours (7 days) minus the total working hours. Employees are guaranteed at least 42 consecutive hours of weekly rest, which typically includes Sundays and another day designated by the employer. Combined, these regulations ensure a minimum rest period of at least 42 hours between workweeks.
Shift workers are entitled to a rest period between shifts that is at least double the duration of their previous shift, including their lunch break. This extended rest period allows for adequate recovery before returning to work.
In Ukraine, certain industries require night shifts and weekend operations. The regulations surrounding these work arrangements are as follows:
Night Shift Work
Nighttime is generally defined as the period between 10 pm and 6 am. Working hours that fall substantially within this timeframe qualify as night work. Night shifts should not exceed the standard working hours. However, employers are encouraged to reduce the nightly working hours to account for the increased strain of night work. Night work must be compensated at a higher rate than regular working hours. The specific increase is determined through collective bargaining agreements or employer-employee contracts, but it cannot be less than 30% of the regular wage. Pregnant women, mothers with young children, and individuals with disabilities generally have the right to refuse night work.
Weekend Work
All employees are entitled to a minimum of 42 consecutive hours of weekly rest, typically including Sundays. This implies weekend work can only be mandated for a maximum of two days within a workweek. Weekend work, similar to night work, requires increased compensation. The specific increase is determined through collective bargaining agreements or employer-employee contracts, but it cannot be less than 30% of the regular wage.
Exceptions During Martial Law
During martial law, the limitations on night and weekend work can be temporarily lifted to ensure critical operations continue. However, employer consent remains mandatory, and appropriate compensation for extended working hours must be provided.
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