Substitute colleagues may have to pay more

arns Orlaviius, the chancellor of the State Labor Inspectorate (VDI), points out that in the event that an employee is assigned to perform such a job function and it must be performed while determining the working time of a day or accounting period, such work should be considered overtime work and accordingly is paid with a remuneration of no less than one and a half of the employee’s salary in accordance with Article 144, paragraph 4 of the Labor Code.

However, in this case, the employer and the employee can mutually freely agree in the employment contract or an addendum to the employment contract on the performance of the same function in an increased scope, in order to determine the working time rate. And, of course, the employee in such a case must be guaranteed a proportionally higher salary compared to the established rate, the chancellor notes.

He emphasizes that, if in the employment contract or job description, the replacement is specified as one of the employee’s job functions, the increased salary is paid, if during the replacement the work is done poorly or the working time rate is set in the employment contract.

However, if there is a need for an employee to temporarily or permanently perform work functions other than those specified in his employment contract, the parties to the employment contract may agree on additional work in accordance with Article 35 of the Labor Code. However, such activities can be performed free of time from the performance of the main work function, the legal expert emphasizes.

This is necessary so that it can be agreed on the combination of work functions or on juxtaposition of work functions or project work. The agreement must specify when the additional functions will be performed, their scope in working hours, salary or bonus for additional work.

In addition, according to the chancellor. Orlavius, it is important to note that when implementing agreements regarding additional work or increased work scope, the requirements of maximum work and minimum rest time set by the DK or other norms of labor law cannot be used.

Thus, an employee with the duration of the main function and additional work or an agreement due to the increased scope of work cannot work more than 60 hours in every seven-day period.

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