Overtime work may appear straightforward but quickly becomes complicated when various factors like job type and work environment are considered. In Serbia, managing overtime involves not only the Employment Act but also other regulations, making it essential for both employers and employees to be fully informed about their rights and obligations.

This article aims to provide an in-depth exploration of the legal framework surrounding overtime work, offering clarity on the responsibilities and rights for all parties involved.

Overtime Work According to the Employment Act

The Employment Act outlines overtime work as any work beyond the standard full-time hours, which are typically set between 36 and 40 hours per week. It's crucial not to confuse overtime with rescheduled work hours. Rescheduling involves adjusting working hours to meet specific business needs, such as seasonal surges in demand or production slowdowns.

Key areas addressed by the Employment Act regarding overtime work include:

   ◉ Conditions under which employers can request overtime

   ◉ Employee obligations to fulfill overtime requests

   ◉ Employer responsibilities for notifying employees about overtime

   ◉ Duration, scheduling, and record-keeping of overtime

   ◉ Restrictions on assigning overtime and employee categories exempt from it

   ◉ Special overtime rules for specific sectors like healthcare

   ◉ Overtime pay, calculations, and associated violations

When Can Employe

An employer may legally request overtime work in the following situations:

1. Force Majeure:

   For instance, during the COVID-19 pandemic, medical equipment manufacturers required extra hours from their employees to meet urgent healthcare demands.

2. Sudden Workload Increase:

   Common in businesses that experience seasonal peaks, such as retail companies handling large volumes of holiday orders.

3. Unplanned Tasks:

   Employers may also request overtime to complete unexpected projects within a tight deadline. An example might be a marketing agency working to meet a large client's urgent campaign launch.

These situations often arise unexpectedly. If an employer was aware of the need for extra work in advance, employees could decline overtime without facing disciplinary consequences.

Important Points for Employees

Employees should be aware that if they voluntarily stay beyond their regular hours, such work does not qualify as overtime under the Employment Act. Consequently, employers are not required to provide extra compensation for these hours. Overtime must be explicitly requested by the employer for it to be considered eligible for increased pay.

Overtime Limits and Exceptions

Under Serbian law, overtime cannot exceed eight hours per week, and employees cannot work more than 12 hours in a single day, including regular and overtime hours. There is no annual cap on total overtime hours, though special rules apply to jobs deemed particularly strenuous or harmful to health.

For example, workers in hazardous roles where reduced working hours are mandated due to health risks are not allowed to perform overtime. This is because such roles are already adjusted to minimize harmful exposure, making overtime incompatible with their nature.

A related question often arises concerning healthcare professionals, particularly those on-call. While these roles are demanding, the regulations governing their overtime are outlined in a different law, the Act on Health Care, rather than the Employment Act.

By staying informed about these provisions, both employers and employees can ensure compliance with Serbian labor laws while maintaining a fair and productive work environment.