In case your employer requests you to perform overtime work/swap shifts, ask for a written order on the change. Ask the employer to explain the reason with care. The form is behind this link. Submit the form to the shop steward, regional office or by e-mail to firstname.lastname@example.org.
If the employer refuses to fill in the form, ask for the order in some other written format. The employer needs to write down exactly the time for the overtime work/shift swap, and the reason for the unilateral change/changes.
We wish to remind that overtime work and shift swaps always require employee consent in case the employer cannot provide an acceptable reason for them.
Such a reason may be, say, disease epidemics or other surprising factors for which the employer has not been able to prepare in advance.
A situation or deficit in the manpower of a shift, arising from the ban on overtime or shift swaps, is not a ground on which the employer can unilaterally request to perform overtime work/swap shifts.
In case a work shift repeatedly has insufficient manpower, you can also notify your shop steward, regional office, or the Regional State Administrative Agency.
If your employer is requiring you to perform emergency work, ask the employer to show the emergency work notice filed with the Regional State Administrative Agency. In the event of emergency work, the employer may extend the working hours by a unilateral order. Work performed in this manner is overtime work that complies with the collective agreement’s stipulations.
If leaving the work undone poses a threat to human life or health, the work will continue/the shift will be swapped. Situations such as this will be assessed on a case-by-case basis. Even in cases like this, remember to ask for the employer’s written order, and submit the order to the shop steward, regional office or by e-mail to email@example.com.
The shift roster must be made available to the employees in writing at least one week before the start of the shift roster period.
After this, changes can be made to the shift roster by agreement with the employee in accordance with the employment contract, or for a justified reason. A justified reason is not, say, absence due to illness, or another reason arising from employer obligation. The employer must prepare for such situations in advance.
During the ban on overtime and shift swaps, the employees will refrain from agreeing to perform overtime work or shift swaps initiated by the employer, citing JHL’s ban on overtime and shift swaps.
The employer is not allowed to exert pressure or impose sanctions on single employees for any union decision made by JHL. If such actions are taking place, contact your shop steward or regional office immediately.