“The additional work agreement must not be expressed by concluding a new employment contract, but by discussing it in the valid employment contract, that is, by modifying it,” emphasizes Chancellor Šarūnas Orlavičius. – A new condition should be added to the existing employment contract, that during the entire duration of the contract or for a certain period of time, the employee will perform certain additional duties or perform certain additional work in addition to the main duties or the main job and will receive additional wages for this.”
How to balance main and additional work? “Such activities,” the chancellor emphasizes, “can be performed in the free time from the performance of the main work function, i.e. by agreement on the combination of work functions, or carried out at the same time as the main work function, i.e. by agreement on the juxtaposition of work functions, or by agreement for project work.”
It should be noted that if there is a conflict between the main and additional job functions, the employee must give priority to the main job function, unless the employer determines otherwise.
Requirements in the Labor Code may not be violated
Sh. Orlavičius emphasizes that the agreement on additional work must specify when the additional work function will be performed, its extent in working hours, salary or bonus for additional work.
“If, while performing the additional work function provided for in the agreement on the combination of work functions, the employee acquires the right to use the additional rights or obligations set forth in the Labor Code or other labor law norms, for example, longer rest time, shorter working time, vacations, etc., they apply to this employee only when an additional function is performed, and only to the extent that it is performed”, emphasizes Š. Orlavicius.
It should be noted that when implementing agreements on additional work, the requirements for maximum work and minimum rest time set by the Labor Code or other norms of labor law cannot be violated.
Are severance pay and holidays due at the end of the additional work agreement? “The main employment contract and the agreement on additional work concluded with the same employer is one employment legal relationship, which does not end when the agreement on additional work is terminated,” emphasizes the labor law expert.
It is important to mention that the agreement on additional work can be terminated by one party to the employment contract by notifying the other party of the employment contract in writing five working days in advance. Upon termination of the agreement on additional work, neither severance pay nor compensation for unused vacation is paid.
