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Cape Verde - Working time - 2011


LAST UPDATE

04 October 2011.

SOURCES


Name of Act

Law Decree n. 5/2007 enacting the Labour Code (Oficial Publication n.37 pag.1-63 of 16 October 2007, date of entrance into force: 16 April 2008
Decreto legislativo núm. 5/2007 que aprova o Código do Trabalho (Boletim Oficial, Separata núm. 37, 1-63) de 16 de Outubro de 2007 data de entrada em vigor: 16 de Abril de 2008

LEGAL DEFINITIONS


Overtime/overtime work

Overtime is considered all hours performed that exceed the ordinary limits for a working day.
Labour Code §159(1)

Part-time work(er)

A worker is considered a part-time employee if their normal working hours, calculated on a weekly basis or on average over a one year period, are less than those performed by a full-time worker in a similar situation.
Labour Code §176

Night work(er)

Night work is work performed between 22h and 06h of the following day.
Labour Code §174

Domestic worker

Domestic work is performed at the residence of the employer to meet normal and personal needs related to his life and his household.
Labour Code §286(1)

NORMAL HOURS LIMITS


Daily hours limit


General limit

The regular working time cannot exceed 8 hours per day nor 44 hours per week.
Labour Code §149(1)
Historical data (year indicates year of data collection)
  • 2009: 8 hours per day.

Exceptions

The regular working time can be extended up to one hour in relation to the limit established in art. 149(1), if to the worker is given an additional half-day of weekly rest period, beyond the regular weekly rest period.

The limits established in art. 149(1) can be extended by an order of the member of the Government responsible for Labour, relatively to the workers whose activity is markedly intermittent or of mere presence.
The extended working time contemplated in the preceeding paragraph shall respect a daily rest period of at least 12 consecutive hours.
Labour Code §150, 152

Exceptions

EXCLUDED CATEGORIES

The 8 hour limit does not apply to certain groups, including:
(1) upper management; and
(2) highly qualified personnel who are indispensable for the running of the enterprise.

These workers are entitled to a pay premium at the rate of 20-35% of the ordinary wage.
1: Article 96

Special categories


» Shift work

The working time for shift workers cannot exceed the regular working time.
Labour Code §171(3)
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» Young workers

The regular working time for young workers cannot exceed 38 hours per week and 7 hours per day.

The working time for young workers can be equal to that applied to regular workers whenever the tasks executed are of simple presence, the work is intermitent or for the specific purpose of training of the young worker.
Labour Code §266(1)(2)

Weekly hours limit


General limit

The regular working time cannot exceed 8 hours per day nor 44 hours per week.
Labour Code §149(1)
Historical data (year indicates year of data collection)
  • 2009: 44 hours per week.

Exceptions

The regular working time can be extended up to one hour in relation to the limit established in art. 149(1), if to the worker is given an additional half-day of weekly rest period, beyond the regular weekly rest period.

The limits established in art. 149(1) can be extended by an order of the member of the Government responsible for Labour, relatively to the workers whose activity is markedly intermittent or of mere presence.
The extended working time contemplated in the preceeding paragraph shall respect a daily rest period of at least 12 consecutive hours.
Labour Code §150, 152

Special categories


» Shift work

The working time for shift workers cannot exceed the regular working time.
Labour Code §171(3)
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» Young workers

The regular working time for young workers cannot exceed 38 hours per week and 7 hours per day.

The working time for young workers can be equal to that applied to regular workers whenever the tasks executed are of simple presence, the work is intermitent or for the specific purpose of training of the young worker.
Labour Code §266(1)(2)

OVERTIME WORK


Criteria for overtime


General

Overtime work is the work performed outside the regular working time established to which the worker is attached.

The employer may request overtime work to be performed in the following cases:

a) When the employers face an increase of work load that does not justify recruiting workers from outside the company;
b) In cases of force majeure or when there are reasons tto prevent or repare serious damages.
Labour Code §159(1)(2)

Limits on overtime hours


General limits

A worker cannot perform more than 2 hours of overtime per day, and no more than 160 hours of overtime per year. In the case there is written consent from the worker, the annual limit can be increased to 300 hours per year.
Labour Code §161(1)
Historical data (year indicates year of data collection)
  • 2009: 2 hours per day and 160 hours per year. The worker may consent by written agreement, to perform overtime work up to 300 hours per year.

Restrictions/exceptions

In exceptional circumstances, the competent government authority can permit these limits to be exceeded.
Labour Code §161(3)

Compensation for overtime work


Overtime rate(s)

Overtime work shall be paid with a compensation not less than 50% than the regular remuneration.
Labour Code §207
Historical data (year indicates year of data collection)
  • 2009: Not less than a 50% increase on the normal wage. Not less than 100% increase in normal wage (for weekly rest days and public holidays).

Special categories


Night work

The performance of overtime by night workers cannot exceed 7 hours per week, not taking into account the weekly rest period and holidays.
Labour Code §175(2)

Shift work

Whenever a shift worker performs suplementary work, s/he is not allowed to return to work at the following shift unles s/he is given at least 12 consecutive hours of daily rest period.
Labour Code §173

Young workers

Overtime work by young workers between 16 and 18 years of age can only be allowed in cases of force majeure and cannot exceed two hours per day and 30 hours per year.
Labour Code §268

Pregnant workers/recent birth

During pregnancy and after recent birth, workers are entitled to not perform overtime work or night work, nor to be moved from the regular workplace.
Labour Code §270(2)b)

SCHEDULES


General

It is the responsibility of the employer to provide the work schedule valid for the company or establishment, taking into account the limits determined by law.

The schedule and eventual changes must be displayed in the workplaces, in order to facilitate the knowledge of the workers, the public in general, and working conditions inspection bodies, of such.
Labour Code §154

Exceptions

Are exempted from the schedules the following workers:
a) Partner, ascendent, descendent and brother of the employer;
b) Those in direction, manageing or inspection posts;
c) Those that, because of specific knowledge and skills are considered, indispensable.
Labour Code §155

REST PERIODS


Rest breaks


General provisions

The daily work shall be interrupted for an interval of maximum duration not less than one hour, so the worker does not perform more than 5 consecutive hours of work.
Labour Code §153
Historical data (year indicates year of data collection)
  • 2009: A rest period of up to one uninterupted hour when a worker works more than five consecutive hours.

Special categories


» Domestic work

Domestic Workers are entitled to a reasonable rest period during the day.
Labour Code §288(2)

Daily rest periods


Special categories


» Young workers

Young workers are entitled to 12 consecutive hours of rest per day.
Labour Code §266(3)

» Domestic work

Domestic workers are entitled to 8 hours of rest during the night period and a convenient rest break during the day.
Labour Code §288(2)

Weekly rest periods


Duration


» General

Workers are entitled to 24 hours of rest per week. It shall be taken, normally, on sundays.
Labour Code §64(1)
Historical data (year indicates year of data collection)
  • 2009: Workers are entitled to 24 hours of rest per week.

» Exceptions

Exceptions to the general rule are possible in case of work which performance cannot be interrupted; performance of cleaning tasks or other works which have to be performed during the rest period of other workers; guarding of workplace and shift work.
Labour Code §64(3)a), b), c), d)

Day specified


» General

The specified day is generally on Sundays.
Labour Code §64(1)

» Exceptions

Weekly rest day might be another than Sunday when it is law, collective agreements, employment contract, aprooved working hours or approved rules of procedure.

Labour Code §64(2)

Work on weekly rest day


» Criteria

Workers cannot perform any work during the weekly rest day, unless in circumstances of force majeure.
Labour Code §65(1)

» Compensation (for working on a rest day)

Whenever the worker has performed work during a weekly rest period, the latter shall be taken within the following 3 days, without loss of remuneration to which the worker is entitled to by having performed work.

The work performed during a weekly rest period entitles the worker to a compensation of 100% of the salary due for the work performed.
Labour Code §65(2), 208(1)

Special categories


» Shift workers

Exceptions to the prohibition of work on Sundays may be permitted for shift workers.
Labour Code §64(3)d)

» Domestic workers

The weekly rest day can be changed to another day under agreement of the employer and the employee.
Labour Code §291

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

Periods of annual leave should be taken during the year.
Labour Code §56 (1)

Duration


» General

Every worker in a employment contract for an indeterminate period is entitled to twenty-two days of annual leave.

The preceeding paragraph applies equally to the workers hired for a pre-determined period, since the duration of the contract, initally established or due to a renew of the contract, is not inferior than one year.

For contracts with a duration inferior to one year, the annual leave shall be proportional to the duration of the employment contract.
Labour Code §52
Historical data (year indicates year of data collection)
  • 2009: Every worker in a long term employment contract (not less than one year) is entitled to twenty-two days of annual leave.

» Exceptions

Unused leave may be transferred to the next year and add up to a maximum of 44 days, provided the parties agree or if the non transfer would endanger the worker or the enterprise.
Labour Code §56(3)

Payment


» Amount

The remuneration for the annual leave to which the worker is entitled cannot be inferior to that s/he would receive if s/he was working.

The additional remuneration in kind can be replaced for the equivalent in cash during the annual leave. However any in kind payment due the worker, which payment is attached to the execution of the work, is not due.
Labour Code §55

Schedule and splitting

The date of leave should be established in agreement between the employer and the employee. If no agreement can be reached, the employer may establish an annual leave timetable after consulting Trade Union delegates.

The annual leave has to be taken within one year after acquired.

Leave is to be taken consecutively, but may be taken in two periods provided the parties so agree.

Annual leave can be cumulated to the maximum of 44 working days, upon agreement between the employee and the employer, or whenever the rule established in paragraph 1 results in serious damage to the company or to the worker and since, in the first case, the worker gives his/her consent.
Labour Code §58, 56

PART-TIME WORK


General provisions

A worker is considered a part-time employee if their normal working hours, calculated on a weekly basis or on average over a one year period, are less than those performed by a full-time worker in a similar situation.

Part-time workers benefits from all the rights established in the present Labour Code for the full-time workers, in the equivalent measure of the time worked.
The equivalence of working conditions between full time and part time workers should be addressed on a "pro rata temporis" basis.
Labour Code §176, 178

Right to equal treatment


Right/scope

Part-time workers cannot receive treatment less favorable with regard to their employment conditions, unless there are objective reasons for it, than those working on a full-time basis, for the reason that they work for a shorter time.

Workers who work at full time and are parents/adoptive parents of children under 12 year of age or who are handicaped,or another family member who needs special cares, have the right to require a change to part time work. This change depends on an agreement with the employer. When this agreement is not possible it depends on the nature of the reasons that determine the change requested.
Labour Code §177(2), 180

Permissable justification for different treatment

Part-time workers cannot receive treatment less favorable with regard to their employment conditions, unless there are objective reasons for it, than those working on a full-time basis, for the reason that they work for a shorter time.
Labour Code §177(2)

NIGHT WORK


Criteria for night work

Night work is work performed between 22h and 06h of the following day.

Each employer shall define for each type of facility, establishment or workplace, what functions can be performed during the night work period.
Labour Code §174, 175(1)

Limits


Overtime work

The performance of overtime by night workers cannot exceed 7 hours per week, not taking into account the weekly rest period and holidays.
Labour Code §175(2)

Compensation

Those performing night work are entitled to a compensation of 25% of the basis salary.

The amount above mentioned is also due during annual leave, sick or accident leave, or in periods of temporary change to a day time work decided by the employer.

Workers who stop performing night work, or shift work after one year in such regime, shall continue to receive the compensation, as remaining pay, up to one month for each year of service provided in one of the regimes, after being transferred to a regular daytime regime, unless the change of regime was due to an objective or subjective cause linked to the worker.
Labour Code §169

Transfers

The worker who has been performing night work or shift-work is transferred to daytime work in the first working day following the day in which s/he completes the retirement age.

Shall be also transferred to daytime work, pregnant workers, who perform night work or shift work, 180 days before the presumed date of birth, remaining in daytime work for a period not inferior to one year after the birth, unless the employer works exclusively during the night work regime or in a shift work regime.
Labour Code §162

Special categories


Young workers

Young workers are forbidden from performing work between 20h and 07h of the following day. Young workers under the age of 18 can perform work during the mentioned period only if indispensable for their professional training and authorized by the General Direction of Labour.
Labour Code §267

Pregnant workers/recent birth

During pregnancy and after recent birth, workers are entitled to the right to not perform overtime work or night work.
Labour Code §270(2)b)

SHIFT WORK


Criteria for shift work

The practice of night work or shift work requires the prior agreement of the worker.

Before starting work during the night work reime, the employer must provide to the worker detailed, clear and specific information on the consequences to his/her health and well-being resulting from such work and on the hygiene and security services provided by him for the protection of the workers’ mental and physical health.
Labour Code §163

Limits


Daily hours limit

The working time for those performing shift work cannot exceed the limits established for a regular work period.
Labour Code §171(3)
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Weekly limit

The working time for those performing shift work cannot exceed the limits established for a regular work period.
Labour Code §171(3)
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Overtime work

Whenever a shift worker performs suplementary work, s/he is not allowed to return to work at the following shift unles s/he is given at least 12 consecutive hours of daily rest period.
Labour Code §173

Schedule

The schedule is elaborated by the employer after consulting with trade unions (when they exist).

The schedules for shift work shall respect the following:
a) Indication of a minimum number of workers by post or professional function;
b) Set of a maximum number of consecutive days of work for each sequence of days of work;
c) Set of period of rest between consecutive days in the same sequence of days of work;
d) Establishment of an identical periof of work time, rest time and shift occupations in a determined period for all workers;
e) In an annual basis, the number of hours worked by shift workers, if it surpasses the number of hours worked by those in a regular working regime.
Labour Code §171(1)(2)

Daily rest period

Whenever a shift worker performs suplementary work, s/he is not allowed to return to work at the following shift unles s/he is given at least 12 consecutive hours of daily rest period.
Labour Code §173
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Results generated on: 19th April 2014 at 16:34:03.
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