Currently, people employed under civil law contracts do not have the right to rest guaranteed by law, which may violate the constitutional right to rest, claims the Ombudsman. Filmmakers have recently complained about problems with the lack of legal protection in such situations. The Ombudsman sent an inquiry to the Ministry of Family and Social Policy regarding possible changes in the law.
Recently, the Filmmakers Trade Union submitted an application to the Ombudsman, which pointed to the lack of regulations on the minimum rest time for people employed under civil law contracts. The filmmakers claim that in this case there is a legislative omission resulting in the failure of the legislators to fulfil their obligations under Art. 66 sec. 2 of the constitution.
The filmmaking community calls for the introduction of statutory protection in this regard, including the employee’s right to a minimum daily rest (at least 11 uninterrupted hours in a 24-hour period).
“In its application, the union cites the vast jurisprudence of the Constitutional Tribunal and numerous publications on the problem of understanding the terms: “work” and “employee”. He points out that the problem boils down to the fact that at the statutory level, the regulation on rest applies (almost) exclusively to a person performing work as part of a contract of employment,” reads the Commissioner’s communiqué.
The Ombudsman sent a motion to the Ministry of Family and Social Policy in this matter, asking for an official position on the possibility of changes in the law.