Is class time mandatory?
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The remuneration of the employees is determined depending on two normative documents – the Labor Code and the Ordinance on the structure and organization of the salary.
According to the Labor Code – the employment contract contains information about the parties and defines:
1. the place of work;
2. the name of the position and the nature of the work;
3. the date of its conclusion and the beginning of its implementation;
4. the duration of the employment contract;
5. the amount of basic and extended paid annual leave and additional paid annual leave;
6. the same period of notice for both parties upon termination of the employment contract;
7. the basic and additional labor remunerations of a permanent nature, as well as the periodicity of their payment;
8. the length of the working day or week.
The regulation determines the structure and organization of the salary, the types and minimum amounts of additional labor remuneration, the order and method of determining and calculating the labor remuneration of workers and employees.
Additional labor remunerations are:
1. the remunerations determined by the regulation or by another regulatory act, which are compulsorily paid;
2. the remunerations agreed with an individual and/or collective labor agreement, which are paid according to the agreed conditions.
Class of time served
Class of time served (remuneration for acquired length of service and professional experience) is a type of additional labor remuneration. It is regulated in Art. 12 of the Ordinance as follows:
“Workers and employees are paid an additional monthly remuneration as a percentage of the basic salary determined by the individual employment contract.
(2) The length of service recognized under the Labor Code for the time during which the employee is worked and continues to work in the enterprise, including in different jobs and positions.”
According to the texts of the two normative documents – the class for time served (remuneration for acquired work experience and professional experience) is mandatory.
Another question is whether the employer will recognize the employee’s previous similar work experience in other companies. The “similarity and same nature” of the work introduces a very subjective treatment regarding previous work experience and deviations are allowed.
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