The legal review revealed inconsistencies between the existing Labour Code and the international labour standards in regard to the distribution of working hours as the Labour Code does not stipulate the reference period within which average normal working hours should be calculated. RECOMMENDATIONS Ensure the Labour Code contains a clear limit on maximum daily working hours; regular working hours should be limited to eight hours a day. Include a reference period in the Labour Code for the purpose of calculating average normal daily or weekly working hours. This reference period, after analyzing objective necessity, should be determined in full consultation with the social partners. 4.3 Overtime work Legal Review According to Article 27(1) of the Labour Code,“overtime work is work performed by an employee by agreement between the parties for a period of time longer than the standard working time.” The Labour Code fails to fix the maximum of overtime hours during the working day and/or within the working week. The same article provides a limitation only in relation to overtime work of minors- the total overtime work performed by minors shall not exceed 2 hours per working day, and 4 hours per working week. As noted above, the EU Directive 2003/88/EC states that the average working time for each seven-day period, including overtime, shall not exceed 48 hours, over a reference period not exceeding four months. According to the Convention No. 1 and Convention No. 30 on hours of work, the regulation shall determine and fix the number of additional hours of work which may be allowed in the day and, in respect of temporary exceptions, in the year. CEACR states that there are cases where “no precise limits are established, either in relation to specific exceptions, or more generally, on overtime in the country. In this respect, the[CEACR] has recalled that the Conventions call for the imposition of a limit on the additional hours of work that are authorized, not only in the day, but also in the year. The maximum number of additional hours, while not specifically prescribed in the Conventions, must be kept within reasonable limits in line with the general goal of the instruments to establish the eight-hour day and the 48-hour week as a legal standard for hours of work in order to protect against 55
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