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3 Correct Ways to Assign Employees for Storm Damage Cleanup | LEADELL Academy
Storm damage and the need to mitigate it is an issue is an issue faced not only by rescue services and those who have suffered physical or material harm in Latvia. It also affects the relationships between employers and employees and is here to stay. What should be done if work is needed to rectify and clean up damage caused by wind, rain, and hail to the employer’s property to allow access to premises or warehouses, for example? Can office, warehouse, sales, and other employees be assigned to such tasks? LEADELL Vītols expert in labor law Ilze Jankeviča explains.
1. Overtime Work
If storm damage adversely affects or may affect the normal workflow of a company, the employer has the right to assign employees to overtime work to mitigate these effects. Such assignment can be made unilaterally, without the employee’s written consent.
Employees must be paid an overtime bonus of no less than 100% of their established hourly or daily wage rate. If such overtime work continues for more than six consecutive days, the employer needs the approval of the State Labor Inspectorate for further overtime, unless similar work recurrence is not anticipated. Overtime must not exceed an average of eight hours over a seven-day period, calculated over a reference period not exceeding four months.
2. Work on Weekly Rest Days
Similarly, the employer has the right to involve employees in work on their weekly rest day with a written order. When assigning an employee to work on a rest day, the employer must provide equivalent compensatory rest and ensure that the employee has at least two 42-hour rest periods within any 14-day period.
3. Work Not Specified in the Employment Contract
For storm damage cleanup and restoration, the employer may assign employees to tasks not specified in the employment contract, for example, the company accountant can be assigned to clear broken trees and perform cleanup work to allow access to the company warehouse. Such assignments can be made for a period not exceeding one month. For the period, during which the employee performs work not specified in the employment contract, they must be paid a salary not less than their previous average earnings.
What to Do If an Employee Refuses to Comply with the Employer’s Order?
In situations where an employee does not properly perform their entrusted duties, it is advisable first to assess the situation: whether the employee has clear job duties, clear and understandable work tasks and deadlines, and whether the employer has provided fair, safe, and non-hazardous working conditions.
If the employer believes that the employee’s failure to perform duties properly is directly related to the employee’s actions, i.e., the employee violates the established work order or employment contract, a disciplinary penalty may be applied to the employee according to Article 90 of the Labor Law – a written reproof or reprimand. Before issuing a reproof or reprimand, the employee must be informed in writing about the nature of the violation and a written explanation must be requested from the employee regarding the violation.
In case of a labor dispute, it is recommended for the employer to seek legal assistance. This assistance is often provided in disputes caused by violations of the contract or work order, termination or dismissal of employment, as well as disputes arising from discrimination, differential treatment, or equality. Regardless of how diverse labor disputes may be, the presence of an experienced specialist in all cases ensures the shortest route to resolving them through agreement or, if necessary, in court. “It doesn’t matter whether the dispute is in full swing or only anticipated, consulting an experienced dispute resolver will save the entrepreneur time, money, and nerves,” explains labor dispute expert Ilze Jankeviča.
What to do in case of uncertainties?
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