A new warning functionality has been introduced in the Labour and Employment Subsystem (ƏMAS) of the Ministry of Labour and Social Protection of Population to facilitate compliance with the requirements of labour legislation concerning work performed at night. The new functionality automatically warns employers, when concluding employment contracts and preparing work schedules, of the prohibitions and restrictions established by legislation in relation to night work.
Under the Labour Code, the period from 22:00 to 06:00 is considered night time. Pursuant to Article 98 of the Code, employees under the age of 18 may not be employed at night. Employees with disabilities may be engaged in night work only with their written consent and taking into account the opinion of the relevant authority.
In addition, pregnant women, women with a child under the age of 14 or a child with a disability, as well as men who are single-handedly raising a child under the age of three, may be engaged in night work only with their written consent. In relation to pregnant women and women with a child under the age of three, the additional requirements provided for in Article 242 of the Labour Code, including, where applicable, the requirement for a medical opinion, must also be taken into account. Furthermore, when shift work arrangements and night shifts are determined, the employee’s justified needs relating to special and family responsibilities must, where possible, be taken into consideration.
The new ƏMAS functionality does not amend these legal requirements or establish new rules of labour law. The principal change is that compliance with the existing legislative requirements is now supported by a digital control mechanism within ƏMAS. Accordingly, when an employer formalises employment arrangements involving night work, the system provides an advance warning, thereby helping to prevent the assignment of an ineligible employee to a night shift and potential violations of labour legislation.
From a practical perspective, employers applying night and shift work arrangements are advised to verify in advance employees’ age, circumstances relating to family status that are relevant under the legislation, the required written consents and other necessary documents, and to formalise work schedules in ƏMAS taking these restrictions into account.
