Answers to questions of readers on the subject of compensation in the evening, on Sunday and calculations of average earnings are presented.
How to pay the working day of the worker if it falls on the day off (Sunday) at a priyomeneniye at the enterprise of a total mode rabochego to time!
According to Art. 61 of the Labor code of Ukraine at the enterprises (in establishments, organizaciyax) and on some types of works where on conditions of a proyoizvodstvo (work) not mozhet to be observed ustayonovlenny for a certain category of workers daily or weekly duration of rayobochy time, introduction of the total accounting of working hours is allowed in coordination with profyosoyuzny committee of the enterprise, establishment, an orgayonizatsiya its duration for registration period didn’t exceed normal number of working hours.
At application of the total accounting of the worker vremeni period of operation for day mozhet to deviate, in certain borders, the working day of normal duration usyotanovlenny the norm of working hours was sustained by the law for a certain registration period (month, quarter, year).
That is at the total accounting of working hours the rasyoporyadok of the working day and graphics of working in shifts should be constructed so that working hours which workers for the uchetyony period are obliged to fulfill, answered the norm of the working hours falling on this period established by the legislation.
At the total accounting of working hours overtime work work over the established duration of working hours for registration period (month, quarter, year) is considered.
Excess of norm of working hours, predusmotyorenny the schedule in separate days, weeks, months of the uchetyony period, under condition of norm preservation rabochego time for the registration period, isn’t sverkhsrochyony work. Excess of norm of the working hours, arising in separate days, weeks, at the total account, is compensated in the additional days otdyxa or respectively by a defect in other days or weeks of the registration period.
At the expense of increase in duration of the worker vremeni during the day (changes) the days off alternate with the working days through one, two, three or other number of days. That is the day off to such workers predostavlyaetsya according to the working in shifts schedule.
If the working day of such worker falls on day off (Sunday), this day is paid on the obyoshchy bases as the days off of the enterprise can not coincide with the days off of the worker.
Whether work in the evening if in the industry agreement extended at the enterprise, not ogoyovoreno, under what conditions this surcharge is made is paid to workers of protection, the personnel koyotelny!
The general agreement between the Office Miniyostrov Ukrainy, all Ukraine associations of organiyozatsiya of employers and businessmen both vseukrainyosky trade unions and professional associations for 2004 – 2005 established surcharge for work in evening vremya from 18 to 22 o’clock (at a multireplaceable mode raboty) at a rate of 20 percent of an hour tariff rate (a salary, an official salary) for each business hour.
According to Art. 58 of the Labor code of Ukraine at shift work workers alternate in changes evenly in an order established pravilami of the internal labor schedule.
Shift work is entered at the enterprises in cases if duration of production exceeds admissible duration of ezhednevyony work of workers, and also in need of more effective use of the equipment and an output uveyolicheniye on the same equipment.
For the workers occupied in shifts, the enterprise administration in coordination with trade-union the komiyotety establishes working in shifts schedules.
Uniformity of watch of workers on changes means that transition from one change dolzhen to be carried out to another, as imparted, every other week according to the working in shifts schedule.
The schedules of working in shifts put into practice, predusmatrivayut a direct order of watch of workers on changes (after the first change the worker passes to another, and then – in the third) or upside-down.
Koyotelny, etc. it is impossible to consider an operating mode of workers of protection, the personnel multireplaceable.
At the same time we note that standards of the general agreement are minimum for application at the conclusion of industry agreements, collective dogoyovor. Conditions of the industry agreement position of workers can improve only, and not the reverse.
Conditions of the industry agreement are obyazatelyyony for the parties of the collective agreement, prinimavyoshy participation in agreement signing.
For example: in the industry agreement surcharge for work in the evening (with 18 to 22 chasov) at a rate of 20 % of an hour tariff rate (salary) for each business hour at this time is established. However specifications on multiworking in shifts of a mode are absent.
Conditions of the collective agreement, in turn, can improve, but not worsen position of workers in comparison with the legislation, general, otyoraslevy agreements.
So, if the enterprise is in the sphere of action specified above the industry agreement, work of rayobotnik should be paid in the evening in a sootyovetstviye with its norms. It concerns all rabotnikov, working from 18 to 22 o’clock.
At the same time, if legislatively established level of norms and guarantees in the collective agreement can’t decrease under any conditions, the standards of the kolyolektivny contract allowing compensation below norms, provided general, branch agreements, can temporarily be applied, on period overcomings of financial difficulties of the enterprise, for no more than six months (Art. 14 of the Law of Ukyoraina About compensation).
The worker was employed on January 5 by g pages … and on January 20 sent to official journey. How ischislit an average salary which behind it remains on business trip if he received a mesyachyony salary and an extra charge for high achievements in work?
According to Art. 121 of the Labor code of Ukraine for the sent workers soxranyayutsya throughout all time of business trip mesto works (position) and average earnings.
Calculation of average earnings of the worker in this case is carried out according to norms of the Order of calculation of the average salary approved by the Resolution of Cabinet council of Ukraine from 08.02.95 of No. 100 (further – the Order).
According to Order item 2 calculation of an average zarabotyony payment which remains for the worker on a proyotyazheniye of official journey, is carried out proceeding from payments for 2 last calendar months of work previous month, in which worker otpravlen to business trip.
To workers who worked at the enterprise less than two calendar months, the average zarabotyony payment is estimated proceeding from payments for actually fulfilled time.
According to Order section 3 at calculation of an average salary in its all cases in it in the main salary, surcharges and extra charges (including and an extra charge for high achievements in work), the preyomiya having constant character, compensation following the results of annual work and for long service etc.
Awards join in earnings of that month on which they fall according to settlement vedomosti on a salary.
In a case about which there is a speech, calculation of an average salary is carried out proceeding from payments ought to the worker (from a salary (a tariff rate) and an extra charge for high achievements in work) for actually fulfilled time.
At the same time it is necessary to consider that the award which was added to the worker in February by results of work in January, at calculation of an average salary doesn’t join in it, as as it was noted above, awards at calculation of average wage platy join only what were added soyoglasno the pay-sheet on a salary in a month being the settlement.
To avoid reduction of wages of the rabotyonik sent to business trip, operating zayokonodatelstvo to the enterprises of the self-supporting sphere granted the right independently to establish in the kollektivyony contract of a form and compensation system, normy work, quotations, scales of charges, schemes of dolzhnostyony salaries, conditions of introduction and the sizes of extra charges, surcharges, awards, compensations and other pooshchritelyyony, compensatory and guarantee payments (Art. 15 of the Law of Ukraine About compensation).
In particular, the enterprise independently solves an awarding question by development of Provision on awarding which is the annex to the kolyolektivny contract.
According to the arrangement of the parties collective peregovorov and in the presence of financial possibility a predpriyayotiya can provide bigger percent (size) of an award for the workers being in business trip.