Labor disputes over wages for work on holidays, weekends, and at night, overtime, and for combining positions
Overtime is recognized as work of an overstayed working time, performed by an employee on the employer's order during the working day or other accounting period with cumulative accounting of working hours. Overtime work is compensated only by increased pay, and the law does not provide for additional rest time. The specific amounts of overtime pay can be determined by collective agreements, acts of the employer or an employment contract, provided that the amount of the allowance is not lower than stipulated by the norms of the Labor Code of the Republic of Kazakhstan.
109 of the Labor Code, payment for work on holidays and weekends is made in an increased amount according to the terms of an employment or collective agreement and (or) an act of the employer, but not less than one and a half times based on the daily (hourly) the employee's rates.
In addition, employees who perform additional work in another or the same position or duties of a temporarily absent employee without being released from their main job in the same organization, along with their main work stipulated by an employment contract. The amount of additional payments for combining positions, expanding the service area, or performing (replacing) the duties of a temporarily absent employee is determined by the employer in agreement with the employee based on the amount of work performed.
Thus, on April 7, 2016, the Rudn City Court of Kostanay region considered the civil case of B.B.Zh. to Sarbai Construction and Installation Management LLP on the recovery of wage arrears, overtime pay, weekend and holiday work, payment during temporary disability and piecework earnings for the amount of work.
The court found that according to the employment contract between the plaintiff and the defendant concluded on October 1, 2014, the plaintiff was hired as a bricklayer with an 8-hour working day, with a 5-day working week, 2 days off, with a salary according to the tariff rate of 148.80 tenge/hour and the Regulations on Remuneration of employees of Sarbayskoye LLP. construction and installation management".
The plaintiff claimed a violation by the defendant in terms of non-payments for weekends and holidays.
Meanwhile, an audit conducted by the State Institution "Directorate for Labor Inspection of the Akimat of Kostanay region" in this part found that according to the time sheets, payment was made in accordance with Article 128 of the Labor Code, i.e. in double the amount according to the tariff rate.
Moreover, according to the time sheets and pay sheets, B.J. Bekov was paid by piecework, which is not specified in the employment contract, which was a violation of art.28, paragraph 1, paragraph 7 of the Labor Code of the Republic of Kazakhstan.
In this regard, the court concluded that the defendant had made payments for weekends and holidays, and no violations were found in this part.
The court also noted that the plaintiff had been awarded compensation for work leave since October 2014, whereas at the hearing it was established and not disputed by the defendant's side that Bekov B.Zh. actually started working since September 2014. The court pointed out that since the plaintiff still works at this enterprise, he needs to apply to the employer to make a recalculation.
In such circumstances, the court's conclusions on the rejection of the claim on the specified grounds are correct.
The example given shows that it is difficult for an employee to prove the fact of overtime work or work on weekends and holidays, since the employer, as a rule, does not record this, avoiding additional costs.
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