Overtime Work: Consent, Restrictions, and Higher Pay
Written Consent – Required
From 2025, overtime work is only possible if the employee has given written consent to work overtime. This requirement applies in all cases, except for legally established exceptions, such as emergency response, life-threatening situations, etc.
What does this mean for the employer?
The employer must obtain written consent from the employee before assigning overtime. Verbal consent is no longer valid.
What does this mean for the employee?
The employee has the right to refuse overtime work without any negative consequences.
Payment for Overtime – 2.5 Times Higher
It is established that work on holidays at night (from 10 PM to 6 AM) must be paid at least at a rate 2.5 times higher than the regular wage.
This significantly improves the pay conditions for those who work during holidays or at night.
Pre-holiday Day – Shortened or Paid as Overtime
If it is impossible to shorten the employee's work schedule by one hour before the holiday (according to Article 144, Part 5 of the Labor Code), that hour must be paid as overtime work.
Elections of Work Councils: Repeated within 6 Months
The amendments in 2025 stipulate that if the elections of the work council do not take place due to a lack of candidates, they must be repeated within 6 months from the date of the election commission's decision.
This helps ensure employee representation in companies and reduces the risk that employees will be left without advocates for their interests.
Important:
This procedure applies to all companies where it is mandatory to establish a work council – i.e., companies with 20 or more employees.
Prohibition of Violence and Harassment: Protection for All, Including Managers
Expanded Scope of Protection
Until now, the focus has been primarily on protecting employees from violence and harassment, but from 2025, the prohibition also applies to employers, managers, and administration.
In other words, violence or harassment in the workplace is prohibited in all directions – both from the management side and from subordinates, colleagues, or third parties.
Violence Prevention Guidelines Have Come into Effect
Employers must:
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Approve a plan for violence and harassment prevention measures.
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Organize training for employees (periodically).
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Define a behavior and response procedure.
Sanctions and Penalties
Failure to implement or tolerate violence and harassment prevention measures may result in:
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Administrative fines from 500 to 3,000 EUR.
Temporary Employment Agencies: Stricter Regulation
From 2025, the principles of control over companies providing temporary employment services will be tightened.
6-Month “Quarantine” Rule
A company that has been removed from the list of temporary employment agencies due to violations may apply for re-inclusion no earlier than after 6 months.
This procedure is designed to ensure:
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Transparency in the temporary labor sector.
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Accountability for violations of labor law.