Performing a colleague's work during their vacation — when the employer is obliged to pay extra
Employees often face situations where, during a colleague's annual leave, they are assigned additional duties without being relieved of their own work. In such cases, a natural question arises: should the employer pay extra for the additional workload and how is the amount of such payment determined? Labor legislation provides guarantees for employees who, alongside their main functions, perform the duties of temporarily absent employees, particularly during their vacation.
When should an employee be paid extra for performing the duties of an absent colleague
According to part one of Article 105 of the Labor Code of Ukraine (LCU), employees who, at the same enterprise, institution, or organization, perform additional work in another profession (position) or the duties of a temporarily absent employee alongside their main job without being relieved from their primary work, are entitled to extra payment.
This particularly refers to cases when an employee is appointed to perform the duties of another employee during their annual leave while continuing to perform their own job responsibilities.
In such a situation, the employee has the right to receive additional payment for performing the duties of the temporarily absent employee.
How the amount of extra payment is determined
The amount of extra payment for performing the duties of a temporarily absent employee is determined by the enterprise in the collective agreement.
This provision is stipulated by part two of Article 105 of the LCU. At the same time, when establishing the amount of extra payment, the employer must comply with the norms and guarantees defined by law, as well as the provisions of general, sectoral, or regional agreements, as follows from part two of Article 97 of the LCU.
What to do if there is no collective agreement at the enterprise
If there is no collective agreement at the enterprise, the employer cannot independently determine the procedure and amount of such extra payments.
In this case, the employer is obliged to agree on the relevant issues with the elected body of the primary trade union organization or the trade union representative who represents the interests of the majority of employees.
If there is no trade union at the enterprise, such issues must be agreed upon with another body authorized by the labor collective to represent the interests of employees.
Is the extra payment mandatory
Labor legislation explicitly provides for extra payment to employees who perform the duties of a temporarily absent employee without being relieved from their main job. Therefore, if an employee is appointed to perform the duties of a colleague during their annual leave and simultaneously continues to perform their own labor functions, such work must be compensated by establishing the appropriate extra payment. Its specific amount is determined according to the collective agreement or by agreement with representatives of the labor collective.
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