Employers have a responsibility to communicate employees' work schedules and any changes to them at least five days in advance. However, this rule does not apply to overtime work.
In cases of overtime, while employers are not required to provide advance notice, they may do so in unforeseen circumstances. If they decide to notify employees, they must give at least 48 hours' notice.
Additionally, employers must keep daily records of employees' overtime hours. These records serve as proof that employees have worked overtime and are essential for labor inspections. Failing to maintain these records is considered an offense, which will be discussed further below.
Certain employees and situations are legally exempt from overtime work. For example, if a competent health authority determines that overtime could negatively impact an employee's health, such work is prohibited.
Moreover, employees under 18 years old are completely barred from overtime. Pregnant and breastfeeding women may also be restricted from working overtime if it is deemed harmful to their health or that of their child.
The Employment Act provides additional regulations for parents, allowing one parent of a child under three years old to work overtime only with their written consent. This rule also applies to single parents with a child up to seven years of age or a child with a severe disability.
Employers, whether individuals or legal entities, who assign overtime contrary to the Employment Act face significant penalties. Fines can range from 600,000 to 1,500,000 dinars for such violations.
Additionally, if an employer fails to maintain accurate daily records of overtime work, they may incur fines between 150,000 and 300,000 dinars. If you find that your employer has not kept proper records or has not compensated you for overtime correctly, it may be beneficial to consult a labor law attorney for assistance.
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