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Central African Republic - Working time - 2011


LAST UPDATE

12 October 2011.

SOURCES


Name of Act

Labour Code, Loi No. 09.004 portant Code du Travail de la Republique Centrafricaine, of 29 January 2009

Name of Act

Order relating to the employment of women and pregnant women No. 3759, dated 25 November 1954 (Arrêté general relatif au travail des femmes et des femmes enceintes en Afrique Equatoriale Française n° 3759)

LEGAL DEFINITIONS


Working time/working hours

Working time is the time during which the Law authorizes the employer to occupy an employee.
Labour Code §247

Employee/worker

Every natural person, no matter which sex, race, religion or nationality, who engages to provide his/her professional activity, perceiving remuneration, under the direction or authority of another natural or moral person, public or private, to be called employer.
Labour Code §3

Employer

Every natural or moral person, of public or private law, who disposes of the service of one or more workers by means of an employment contract.
Labour Code §3

Young worker

Every person under the age of 18.
Labour Code §3

NORMAL HOURS LIMITS


Weekly hours limit


General limit

In every non-agricultural establishment, public or private, secular or religious, even if they are destined to educational purposes or voluntary work, the working time of regular employees or piece-rate workers, cannot exceed 40 hours per week.
Labour Code §248(1)

OVERTIME WORK


Criteria for overtime

The hours of work performed beyond the legal weekly duration established in paragraph 1, or during the duration taken as equivalent, entitle the worker to compensation.
Labour Code §248(2)
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Compensation for overtime work

Whenever a collective agreement does not forseen it, an order from the Minister of Labour, after having consulted the Permanent National Labour Council, shall establish:

- the minimum rates for overtime work and night work or non-working days.
Labour Code §227

REST PERIODS


Weekly rest periods


Work on weekly rest day


» Compensation (for working on a rest day)

Whenever a collective agreement does not forseen it, an order from the Minister of Labour, after having consulted the Permanent National Labour Council, shall establish:

- the minimum rates for overtime work and night work or non-working days.
Labour Code §227

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

The right to annual leave is acquired after one year of effective service. This right shall lapse after 2 years.
Labour Code §282

Duration

Every worker, employee or apprentice in industrial, commercial, handwork or agricultural establishments, even if they are cooperatives or their workers are self-employed, if they are associations, or any group of any nature, is entitled to annual leave to be paid by the employer, in the conditions determined by this Code.

Unless there are more favorable provisions in the individual employment contracts or collective agreements, the worker who, during the course of reference year, justifies having worked for the same employer the time equivalent to one month, is entitled to leave in the reason of 2 working days per month worked. The total duration of the leave cannot exceed 30 working days.
The absence of the worker cannot lead to a reduction of the right to leave more than what is proportional to the absence.
Labour Code §280, 281

» Exceptions

The duration of the annual leave can be extended by virtue of seniority according to the modalities determined by a collective agreement.
Labour Code §284

Payment


» Amount

The employer shall pay to the worker, when of the leave, an amount not inferior to the remuneration s/he would receive if s/he had worked during the period of the leave. This remuneration comprehends not only the average salary, but also the benefits, primes and comissions which the worker was receiving during the course of the 12 months preceeding the leave.
Exceptional rewards, compensation constituting reimboursement of professional fees, in kind payments and legal advantages linked to the obligation to provide housing shall not be counted for the purposes of calculating the payment for the leave.
Labour Code §288(1)(2)

Special categories


» Women

Mothers are entitled to one supplementary day of leave for each child she has under the age of 14.
Labour Code §285

NIGHT WORK


Criteria for night work

The work performed between 22h and 05h is, during any season, considered night work.
Labour Code §250

Compensation

Whenever a collective agreement does not forseen it, an order from the Minister of Labour, after having consulted the Permanent National Labour Council, shall establish:

- the minimum rates for overtime work and night work or non-working days.
Labour Code §227

Special categories


Young workers

The minimum duration of the night rest for young workers with less than 18 years of age cannot be inferior to 12 consecutive hours.
Labour Code §251

Women

In factories, manufactures, mines, quarries and building sites women cannot be employed to perform night work.

The rest period for women shall be at least 11 consecutive hours and shall include the period from 22.00 to 05.00, mentioned in the preceeding article.

The preceeding articles do not apply to:
a) Women who occupy a direction post or whose post has a technical aspect that implies responsability;
b) Women occupied in medical and social services and who do not perform handwork.
Order relating to the employment of women and pregnant women No. 3759 §3(1), 4, 17

Results generated on: 22nd November 2014 at 09:50:51.
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