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Eritrea - Working time - 2011


LAST UPDATE

5 April 2011

SOURCES


Name of Act

The Labour Proclamation of Eritrea Proclamation No 118/2001
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LEGAL DEFINITIONS


Working time/working hours

’Regular hours of work’ means hours of work agreed upon in a contract of employment entered into by the employer and employee based on Articles 48-50 of this proclamation.
Labour Proclamation 2001 §3(11)

Employee/worker

Employee means any person who renders services of a physical or intellectual nature, for a definite or indefinite or indefinite period under the direction of an employer for an agreed employment.

Contracts of employment of the following nature shall not be administered under this proclamation:
(a) members of military, police and security forces;
(b) members of the Eritrean Civil Services;
(c) judges and prosecutors; and
(d) persons holding managerial positions who directly engage in major managerial functions of an undertaking and have power delegated to them by law or contract of employment to make decisions on behalf of the undertaking.

Contracts of employment of employees of state-owned or state-run profit making undertaking and of employees in projects run by Government agencies shall, however, be governed by this proclamation, although the highest level of administration of the said undertakings or projects may be under civil service.
Labour Proclamation 2001 §3(1)

Employer

Employer means any person with a legal or physical personality who employs another under a contract of employment.
Labour Proclamation 2001 §3(5)

Overtime/overtime work

’Over-time work’ means work performed in excess of the regular hours of
work
Labour Proclamation 2001 §3(12)

Domestic worker

A domestic employee is a person primarily hired for the performance of household duties and chores, the maintenance of the home and the care and comfort of the members of the household and includes a domestic gardeners, guard or driver.
Labour Proclamation 2001 §39
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Young worker

A ’Young employee’ for the purpose of this proclamation means a person above the age of fourteen and below the age of eighteen
Labour Proclamation 2001 §3(3)

NORMAL HOURS LIMITS

The Labour Proclamation limits normal working hours to 8 hours per day and 48 hours per week.
Labour Proclamation 2001 Chapter 2

Daily hours limit

Regular hours of work may not exceed 8 hours a day.
Labour Proclamation 2001 §48(1)

Special categories

The Minister may issue directives reducing regular hours of work for any economic sector, industries or occupations where there are special conditions of work.
Labour Proclamation 2001 §48(2)
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» Young workers

A young employee may not be made to work for more than 7 hours per day.
Labour Proclamation 2001 §68(3)

Weekly hours limit

Regular hours of work may not exceed 48 hours a week.
Labour Proclamation 2001 §48(1)

Reference period(s)

Weekly working hours may be averaged over a period of up to 4 weeks.

Compressed workweeks

Where the circumstances in which the work has to be carried on are such that normal hours of work cannot be distributed evenly over a week, working hours calculated on the basis of average hours of work may be distributed over a period longer than one week, provided that the average number of hours worked over a four-week or shorter period may not exceed eight hours per day and forty eight hours per week.
Labour Proclamation 2001 §50

Special categories

The Minister may issue directives reducing regular hours of work for any economic sector, industries or occupations where there are special conditions of work.
Labour Proclamation 2001 §48(2)
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OVERTIME WORK

The Labour Proclamation makes provision for compulsory overtime work.
Labour Proclamation 2001 §§52, 53

Criteria for overtime

No criteria is prescribed for up to 2 hours of compulsory overtime per day. Beyond this, the employer must have the employee’s consent or be able to point to extenuating circumstances to require the employee to work overtime.
Labour Proclamation 2001 §52

Limits on overtime hours

Compulsory overtime is limited to 2 hours per day, except in certain extuanating circumstances.
Labour Proclamation 2001 §52

General limits

The employer may not make an employee for more than 2 hours without the latter’s consent.
Labour Proclamation 2001 §52(1)

Restrictions/exceptions

Notwithstanding the provisions of §52(1), an employee shall be compelled to work overtime in the following instances:
(a) during an accident, actual or threatened;
(b) where there is urgent work;
(c) where force majeure occurs; or
(d) to substitute an absent employee assigned on work which runs continuously.
Labour Proclamation 2001 §52(2)

Compensation for overtime work

(1) An employee who works overtime between six o’clock in the morning and ten o’clock in the evening shall be paid at the rate of one and a quarter (1.25) multiplied by the regular hourly rate. For overtime work from ten o’clock in the evening up to six in the morning, he shall be paid at the rate of one and one half (1.5) multiplied by the regular hourly rate.
(2) An employee who works overtime on weekly rest clay shall be paid at
the rate of two (2) multiplied by the regular hourly rate.
(3) An employee who works overtime on public holidays shall be paid at the rate of two and one half (2.5) multiplied by the regular hourly rate.
(4) Payment for overtime work shall be effected together with the payment of wages.
Labour Proclamation 2001 §53

Overtime rate(s)

Overtime work shall be paid at the following multipliers of the employee’s regular hourly rate:
(a) from 6am-10pm - 1.25 times;
(b) from 10pm-6am - 1.5 times;
(c) on weekly rest days - 2 times;
(d) on public holidays - 2.5 times.
Labour Proclamation 2001 §53(1)-(3)

Compensation procedure

Payment for overtime work shall be effected together with the payment of wages.
Labour Proclamation 2001 §53(4)

Notice of requirement to work overtime

No notice requirements prescribed.
Labour Proclamation 2001

Special categories

Pregnant workers may not be assigned on overtime work.
Labour Proclamation 2001 §67(1)

SCHEDULES

The arrangement of working hours and break intervals during working hours may be determined by collective agreements. However, in general, working hours are to be spread equally over the working week.
Labour Proclamation 2001 §§49, 50, 102(5)

General

Hours of work shall spread equally over the working days of a week, provided that where the nature of the work so requires, the hours of work in any one of the working days may be shortened and the difference distributed over the remaining days of the week, without extending the daily limits of eight hours by more than two hours.
Labour Proclamation 2001 §49(1)

Compressed workweek

Where the circumstances in which the work has to be carried on are such that normal hours of work cannot be distributed evenly over a week, working hours calculated on the basis of average hours of work may be distributed over a period longer than one week, provided that the average number of hours worked over a four-week or shorter period may not exceed eight hours per day and forty eight hours per week.
Labour Proclamation 2001 §50

Special categories

Shifts are not to exceed 8 hours each.
Labour Proclamation 2001

Shift work

No work run by shifts may exceed 8 hours per shift.
Labour Proclamation 2001 §49(2)

REST PERIODS

The Labour Proclamation makes provision for rest breaks, meal breaks and weekly days of rest.
Labour Proclamation 2001 §§51, 54

Rest breaks

The Labour Proclamation prescribes rest breaks and meal breaks.
Labour Proclamation 2001 §51

General provisions

An employee shall have break for relaxation for a limited period between working hours, taking into consideration the nature and place of work. The break shall be part of the regular hours of work. An employee shall have a meal break, taking into consideration the nature and place of work, but such break may not be part of the regular hours of work.
Labour Proclamation 2001 §51

Daily rest periods

None prescribed.

Weekly rest periods

An employee shall, at the minimum, be entitled to a weekly rest of twenty-four consecutive hours in the course of each period of seven days.
Labour Proclamation 2001 §54(1)

Duration

24 consecutive hours
Labour Proclamation 2001 §54(1)

Day specified

The weekly rest period shall be Sunday, provided that undertakings that work on Sundays may replace it by another suitable day.
Labour Proclamation 2001 §54(2)

Special categories

The Minister may issue regulations concerning the weekly rest of employees engaged in work of a special nature.
Labour Proclamation 2001 §54(3)

ANNUAL LEAVE AND PUBLIC HOLIDAYS

The Labour Proclamation provides for an entitlement to paid annual leave and to payment for public holidays prescribed by law. Provision is also made for leave in the event of marriage, death of a relative or an exceptional and serious occurrence.
Labour Proclamation 2001 §§55-58

ANNUAL LEAVE

The Labour Proclamation provides for an entitlement to paid annual leave.
Labour Proclamation 2001 §§56, 57

Qualifying period

The qualifying period is the same as the employee’s probation period, which may not exceed 90 consecutive days.
Labour Proclamation 2001 §§12(1), 56(9)

Duration

An employee shall be entitled to annual leave with pay amounting to:
(a) fourteen working days for the first year of service; and
(b) fourteen working days plus one working each additional year of
service.

Annual leave may not exceed 35 working days.
Labour Proclamation 2001 §56(2), (3)

Payment

An employee shall, at the time he takes leave, be paid wages due to him for the period of leave.
Labour Proclamation 2001 §56(1)

» Amount

The employee shall be entitled to the wages due to him for the period of leave.
Labour Proclamation 2001 §56(1)
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» Date of payment

At the time he takes leave.
Labour Proclamation 2001 §56(1)

Schedule and splitting

Unless there is an agreement to the contrary for each annual leave, annual leave shall be taken at a time convenient to the employee. An employee may take his annual leave in part if his employer agrees.
Labour Proclamation 2001 §56(6),(8)

Work during annual leave

Annual leave may only be postponed by the employer for unforeseen shortages or breakdowns. An annual leave so postponed shall be taken after the cause of its postponement ceases to exist.

An employee who is on leave may only be recalled when unforeseen circumstances require his return to work. Where an employee is recalled, the employer shall cover those reasonable expenses incurred by the employee as a result of the recall, including transport expenses and daily food and lodging allowances for the duration of the trip. The travel time associated with a recall shall be considered normal work time. A recalled employee shall be entitled either to resume his leave or to a payment covering the remainder of his leave.
Labour Proclamation 2001 §§56(4), 56(5), 57

PUBLIC HOLIDAYS

The Labour Proclamation provides for an entitlement to payment on public holidays prescribed by law.
Labour Proclamation 2001 §55
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Payment

All public holidays recognised by law shall be paid public holidays. Where more than one public holiday falls on the same day, payment shall be made for only one holiday.
Labour Proclamation 2001 §55(1)

Work on Public Holidays

The Labour Proclamation prescribes penalty rates for work performed on public holidays, but does not prescribe the circumstances in which it may be worked.
Labour Proclamation 2001 §55(2), (3)

» Criteria

None prescribed by the Labour Proclamation.
Labour Proclamation 2001

» Compensation

An employee who works on a public holiday shall be paid for each hour of work at the rate of 2.5 times the regular hourly rate.

Where a public holiday falls on a rest day designated by this Proclamation or any other special law, the employee who works on such a day shall only be entitled to payment for a public holiday.
Labour Proclamation 2001 §55(2), (3)

EMERGENCY FAMILY LEAVE

An employee shall be entitled to leave with pay for working days where he marries or where his spouse, an ascendant, a descendant or another relative, whether by affinity or consanguinity up to the second degree, dies.

An employee shall be entitled to leave without pay for five consecutive days in cases where he encounters exceptional and serious occurrences.

An employee wishing to take such leave shall notify the employer in advance and present the necessary supportive evidence where the employer so requests.
Labour Proclamation 2001 §§58, 61

PART-TIME WORK

The Labour Proclamation does not expressly regulate part-time work.
Labour Proclamation 2001

NIGHT WORK

The Labour Proclamation does not regulate night work, save to prohibit the employment of young workers and pregnant workers during night hours.
Labour Proclamation 2001

Special categories

The Labour Proclamation imposes prohibitions on employing pregnant workers and young workers at night.
Labour Proclamation 2001 §§67(1), 68(2)

Young workers

Young workers may not be assigned to work between 6pm and 6am.
Labour Proclamation 2001 §68(2)
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Pregnant workers/recent birth

Pregnant workers may not be assigned on work between 10pm and 6am.
Labour Proclamation 2001 §67(1)

SHIFT WORK

Shifts are limited to 8 hours each.
Labour Proclamation 2001

Limits

No work run by shifts may exceed 8 hours per shift.
Labour Proclamation 2001 §49(2)

ON-CALL WORK

The Labour Proclamation does not regulate on-call work and no other relevant laws identified.
Labour Proclamation 2001

FLEXITIME

The Labour Proclamation does not regulate flexitime and no other relevant laws identified.
Labour Proclamation 2001

CASUAL WORK

The Labour Proclamation does not make specific provision for casual work and no other relevant laws identified.
Labour Proclamation 2001

SHORT-TIME WORK/WORK-SHARING

The Labour Proclamation does not regulate short-time and work-sharing arrangements and no other relevant laws identified.
Labour Proclamation 2001

RIGHT TO CHANGE WORKING HOURS

The Labour Proclamation does not provide employees with the right to change working hours. No other relevant laws identified.
Labour Proclamation 2001

INFORMATION & CONSULTATION

The Labour Proclamation does not impose obligations on employers with respect to informing employees about working time arrangements. However, the arrangement of working hours and break intervals during working hours may be determined by collective agreements.
Labour Proclamation 2001 §102(5)

Consultation

The arrangement of working hours and break intervals during working hours may be determined by collective agreement.
Labour Proclamation 2001 §102(5)

Results generated on: 23rd October 2014 at 07:13:01.
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