On the Procedure of Payments for Overtime

The Cabinet of Ministers on September 26 supported the Regulations prepared by the Ministry of Interior (IeM) on payment procedure for overtime work and its amount for the officials of IeM system’s establishments and Imprisonment Places Administration’s (IPA) official with the special service rank.

The Regulations provide that the official, who has fixed normal weekly working hours, shall be paid for overtime per each calendar month according to the records of timesheet. Whereas the person, who has summed working hours, shall be paid for overtime per each worked four calendar months according to the records of time sheet for four calendar months.

It is planned that the payment shall be made for overtime, which during four calendar months have been worked above the total of normal working hours in these months. When fixing the total of normal working hours, also the time will be taken into account, in which the official has not performed service duties due to disease, vacation and other justified reasons. The exception is nature disasters’ consequences when the payment is made for the respective period of time if special resources from the national budget have been allocated for this purpose.

If the official retires from service, changes its position or is transferred to the service to another establishment, the payment for his or her overtime job will be fixed by taking into account the actually worked overtime hours in the respective period of time.
The overtime job worked by the officials, by taking into account the number of overtime hours, will be paid according to the fixed hourly rate of basic salary, as well as an additional payment in the amount of 100% will be fixed from the hourly rate of basic salary fixed for him or her.

It is planned that the Regulations will come into force on October 1, 2006.
Increase of salary for officials by paying overtime job will ensure higher social justice. The currently existing social pressure will decrease, which is caused by the fact that the amount of salary fixed for officials is not adequate to the level of liability of performed work, the workload, complexity, the fact that the officials are involved in overtime job without receiving respective remuneration for this work. Also the material security level of officials will increase. As a result, also the operating results of respective establishments will improve.

So far the special laws, as well as the State Civil Service Law did not clearly prescribe the payment terms for overtime job of IeM system establishments’ and IPA officials with special service ranks. Also the currently effective Cabinet Regulations on remuneration to employees with special service ranks do not provide any additional payment for overtime job.
Additional payment for overtime job is provided in the Labor law, which refers to employees with whom the employment agreement has been signed. In connection with this fact, different interpretations about payment for overtime job occurred.

So far overtime job was paid in the State Border Guards according to Part 1 of Clause 44 and Part 5 of Clause 21 of the Law on Border Guards, as well as IPA, based on the decisions of the State Civil Service Administration and State Labor Inspection, meanwhile no additional necessary resources have been allocated from the national budget for this purpose and additional payments are made from the saved resources, mainly at the expense of vacancies.
The State Police and the State Fire Safety and Rescue Service did not make payments for overtime job to officials, except if the overtime job was performed for ensuring of nationally significant events and the necessary additional financial resources are allocated for this purpose.

Meanwhile, officials are involved in overtime job by granting free days after the job, which were not provided in legislative enactments.
The issue about granting additional resources from the national budget for enforcement of the draft Regulations shall be considered during the preparation and review process of the Cabinet of Ministers draft law „Amendments to the law „On the national budget for the year 2006”, as well as the budget for 2007 and next years simultaneously with the budget priority proposals of all ministries.

Prepared by:
Press and Public Relations Department
Telephone: 7219213
Fax: 7219030
E-mail: presescentrs@iem.gov.lv