Duty as a kind of work
Journal Title: Вісник Національного технічного університету України “Київський політехнічний інститут”. Політологія. Соціологія. Право. - Year 2016, Vol 3, Issue
Abstract
Duty is considered employee's stay at the direction of the employer at the enterprise before or after the end of the working day or on non-working days as the person responsible for the order with the purpose of an uninterrupted operative decision of urgent matters that may arise during off-hours, as well as for infor- mation pass in this case; as a rule, the employee does not perform his usual work duties. Consequently, duty is always work that is not conditioned by an labor contract (contract). Duty is compensated for overtime leave only. For the day of duty, it is possible to pay for labor under a local regu- latory act as for normal working hours. Workers can be brought to duty by their consent only. On duty are not assigned duties of watchmen, responsibilities for checking passes for entry and exit from the enterprise, reception of mail, cleaning of premises, paperwork. At the dismissal of an employee who did not receive a day off for duty, the employer must provide him with time off for duty before dismissal. Employees who are on a piece-rate system are not attracted (involved) to duty, because a single form of compensation for the duty is a day off, and wages are not retained during the time off. Rules on duty are not applied in cases when the employee fulfills his usual responsibilities, although they are sometimes called duty. Since it is impossible to attract workers to the duty more often than once a month, taking into account the number of duties the employer needs to take into account all possible types of duty (on weekends, on holidays, after working hours). Attraction (involve) to duty and the provision of time off for duty is formalized by order; besides the current legislation on labor of Ukraine does not define exceptional cases. The current Labor code of Ukraine does not regulate the issue of daily duty.
Authors and Affiliations
О. В. Тихонюк
Keywords
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