Remarks: According to articles 3 and 4 of the Labour Code, this act shall not apply - although its fundamental principles shall be respected - to the following professional categories: domestic workers and on board staff. Public servants are not covered by this act, unless another legislations instructs to apply it in its whole or in part.
Remarks: The Act applies to the private sector. It does not apply to the public service, ship personnel, domestic work or family farming. Labour Act §2
LEGAL DEFINITIONS
Working time/working hours
The time the worker has to work is named regular work time.
Labour Act §42(1)
Employee/worker
Every individual who contracts with an employer to provide his/her manual or intelectual skill in order to accomplish an activity and receive remuneration.
Labour Act §2(a)
Employer
Every individual or company under whose authority certain workers are obliged to accomplish certains activities.
Labour Act §2(b)
Overtime/overtime work
Shall be all hours performed exceeding the ordinary limits for a working day.
Labour Act §51
Night work(er)
Work performed between 8 pm and 7am. In agriculture: between 8pm and 6 am.
Labour Act §60
NORMAL HOURS LIMITS
Daily hours limit
General limit
The regular work time cannot exceed 8 hours per day and 45 hours per week.
Employers can fix the weekly regular work time in the following way: a) Work during 6 working days, with weekly rest period on sundays; b) Work during 5 and half working days, with weekly rest period of half a day and sundays; c) Work during 5 working days, with a supplementary weekly rest day and regular weekly rest period on sundays.
In the cases mentioned in b) and c) of the last paragraph, the daily work time cannot exceed 9 hours per day, observing always the weekly work time limit determined by this article.
Labour Act §43(1)(2)(3)
Historical data (year indicates year of data collection)
2009: 8 hours.
2007: 8 hours
Exceptions
The work time limit can be extended to predominantly intermittent work and work carried out to ensure the functioning of essential public services, as well as upper management with the authorization of the competent government authority and the agreement of management. However, the limit of 45 hours per week shall still be respected.
The competent government authority can reduce the daily limit for enterprises in which work is performed that is dangerous or hazardous to the worker’s health.
Labour Act §44, 45
Special categories
» Shift work
8 hours. The working hours of shift workers must be agreed to by the competent government authority.
Labour Act §58(9)
» Domestic work
The Labour Act does not apply to domestic workers.
Labour Act §2
Weekly hours limit
General limit
The regular work time cannot exceed 8 hours per day and 45 hours per week.
Labour Act §43(1)
Historical data (year indicates year of data collection)
2009: 45 hours
2007: 45 hours
1995: 45 hours.
Exceptions
The work time limit can be extended to predominantly intermittent work and work carried out to ensure the functioning of essential public services, as well as upper management with the authorization of the competent government authority and the agreement of management. However, the limit of 45 hours per week shall still be respected.
The competent government authority can reduce the daily limit for enterprises in which work is performed that is dangerous or hazardous to the worker¿s health.
Labour Act §44, 45
Special categories
» Domestic work
The Labour Act does not apply to domestic workers.
Labour Act §2
OVERTIME WORK
Criteria for overtime
Overtime work is that performed outside the regular work period.
It shall not be considered as overtime work: a) Work performed by employees who do not have a fixed work time in a regular work day. b) Work performed in order to compensate eventual suspensions of the activity for not more than 48 consecutive hours or interpolated by a rest day or holiday, whenever these interruptions have been agreed between the employer and the employees.
Labour Act §51
General
Overtime work may be performed if: a) there is an increase of work overload not sufficient to justify the hiring of additional casual or full time workers; b) an unforeseen event occurs and the work is required to prevent or repair severe damages to the enterprise.
Labour Act §52
Worker`s influence
The worker cannot refuse to perform overtime hours with the exception of young workers, disabled workers and women.
Labour Act §53
Limits on overtime hours
General limits
The maximum number of hours that can be performed as overtime work in the case forseen by a) of art. 52 is 2 hours per day and 120 hours per year.
The maiximum number of hours that can be performed as overtime work in the case forseen by b) of art. 52 are those imposed for the normalization of the situations mentioned in that provision.
Labour Act §54
Historical data (year indicates year of data collection)
2009: 2 hours per day and 120 hours per year.
2007: 2 hours per day and 120 hours per year
1995: 2 hours per day, 120 a year.
Compensation for overtime work
Overtime rate(s)
Overtime work shall be remunerated with the increases as follows:
a) 50% of the normal remuneration in the first hour; b) 75% of the normal remuneration in the following hours or fractions of hours.
Labour Act §56
Historical data (year indicates year of data collection)
1995: 50% premium for first overtime hours, 75% thereafter. Overtime on public holidays and weekly rest day is paid at double overtime rates.
Special categories
Domestic work
The Labour Act does not apply to the domestic work.
Labour Act §2
Young workers
A young worker can refuse to perform overtime hours. A young worker shall not perform overtime hours except in order to prevent imminent damage to the enterprise or in the event of an Act of God.
Labour Act §53, 53.2
Pregnant workers/recent birth
The female workers are entitled to the following rights: b) Not to perform overtime work during pregancy and after the birth, for the period medically prescribed.
Labour Act §157(1)b)
SCHEDULES
General
The employer shall fix the work schedule in a visible place in the workplace.
The work schedules shall be elaborated in two-way, being one copy sent to the governmental authority.
Labour Act §63(1)(2)
REST PERIODS
Rest breaks
General provisions
Workers may not work for more than 5 hours without a rest period. Work will be interrupted by a break of at least 1 hour and not more than 3 hours consecutively.
Labour Act §46(1)
Historical data (year indicates year of data collection)
2009: Workers may not work for more than 5 hours without a rest period. Work will be interrupted by a break of at least 1 hour and not more than 3 hours consecutively.
2007: Workers may not work for more than 5 hours without a rest period. Work will be interrupted by a break of at least 1 hour and not more than 3 hours consecutively.
1995: At least 1 hour, but not more than 3, after a maximum of 5 hours of work.
Exceptions
The rest break can be reduced to 30 minutes by the supervising authority or by collective agreement provided it is in the worker’s interest or if it is indispensable for the normal functioning of the enterprise. In these cases weekly working time may not exceed 40 hours.
Labour Act §46(2)(3)
Special categories
» Domestic work
The Labour Act does not apply to domestic workers.
Labour Act §2
Daily rest periods
Duration
It is obligatory to observe a daily rest period of not less than 10 hours between two working days.
Labour Act §44(2)
Historical data (year indicates year of data collection)
2009: 10 hours
2007: 10 hours
1995: 10 consecutive hours.
Special categories
» Domestic work
The Labour Act does not apply to domestic workers.
Labour Act §2
Weekly rest periods
Duration
» General
The worker is entitled to one full day of weekly rest period, which shall be taken in principle sundays.
Labour Act §66(1)
Historical data (year indicates year of data collection)
2009: The worker will have an uninterrupted rest period of at least 24 hours.
1995: 1 day.
Day specified
» General
The worker is entitled to one full day of weekly rest period, which shall be taken in principle sundays.
Labour Act §66(1)
» Exceptions
Work can be performed on a Sunday where the normal running of the enterprise cannot be carried out on another day; for cleaning and repair work that must be performed during the rest period of other workers; and where the nature of the work requires it.
Labour Act §66(2)
Work on weekly rest day
» Criteria
Workers can only perform work during their weekly rest periods in the cases of forseen in b) of art. 52.
Labour Act §68(1)
Remarks: Overtime work may be performed if: b) an unforeseen event occurs and the work is required to prevent or repair severe damages to the enterprise.
§52 b)
» Compensation (for working on a rest day)
The work performed in the circumstances forseen in b) of art. 52, entitle the worker to a special remuneration, equal to the double of the normal remuneration.
Employees who have worked the full day of weekly rest period are also entitled to a supplementary rest day in the following 3 days.
Labour Act §68(2)(3)
Special categories
» Domestic workers
The Labour Act does not apply to domestic workers.
Labour Act §2
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Qualifying period
The right to annual leave is acquired when of the formation of the labour contract and expires in 1st January of each civil year, unless it is the case forseen in the following paragraph.
Whenever the beginning of the labour contract is in the first semester of the civil year, the worker will be entitled, after the probation period, to two and a half day of leave for each month of work.
Labour Act §73
Duration
» General
The annual leave shall be of 30 consecutive days, not counting weekly rest periods nor initial or final holidays.
Labour Act §74
Historical data (year indicates year of data collection)
2009: 30 days.
2007: At least 30 consecutive days.
1995: 30 consecutive days.
» Exceptions
Workers hired to work for a period inferior to one year are entitled to two and a half day of leave for each month of work.
Labour Act §75
Payment
The annual leave shall be paid as if the employee was performing effective work.
The payment shall be made before the beginning of the leave, unless other date was agreed between the employer and the employee. However the payment has to be at lastest until the end of the first half of the leave.
Labour Act §76(1)(2)
» Amount
The annual leave shall be paid as if the employee was performing effective work.
Labour Act §76(1)
» Date of payment
The payment shall be made before the beginning of the leave, unless other date was agreed between the employer and the employee. However the payment has to be at lastest until the end of the first half of the leave.
Labour Act §76(2)
Schedule and splitting
The annual leave shall be taken during the civil year when it’s due, not being permited to cumulate in the same year annual leave from two years.
The schedule of the annual leave shall be made by agreement between the employer and the employee.
In the lack of agreement, the employer shall set the leave schedule, for which he shall consult the union’s comission.
Labour Act §77, 78(1)(2)
PUBLIC HOLIDAYS
Number and dates
National holidays shall be those so considered by the law.
Labour Act §69
Payment
The worker is entitled to payment for national holidays, without having to perform overtime work in order to compensate it.
Labour Act §71
NIGHT WORK
Criteria for night work
Night work is that performed in the period between 20h of a day until 07h of the other day.
Labour Act §60(1)
Compensation
The wage paid for night work shall be 25% superior to the equivalent work performed during the day.
The last paragraph shall not apply to the work usually performed during the period mentioned in art. 60 in which it defines night work and for which the remuneration established already takes into account the fact the work is peformed during the night.
Labour Act §61
Special categories
Young workers
Young workers are prohibited from working at night. The competent government authority can authorise a minor of at least 16 years to perform night work.
Labour Act §152
Women
Night work is forbidden for women.
The last paragraph does not apply: a) To women occupying direction or technical responsibility positions; b) To women working in hygiene services and health services or welfare sevices; c) When unforseen situations or cases of force majeure require it, being indispensable to prevent the deterioration of equipments, raw material or products of the company; d) When because of its own nature, to work can only be performed during the night.
Labour Act §160
SHIFT WORK
Criteria for shift work
Employers can organize shift work with different staff whenever the funcionting period of the company exceeds the maximum limits of regular work periods.
The functioning period of a company shall be understood as that when companies are authorized to perform their activities.
Labour Act §58(1)(2)
Limits
Daily hours limit
The duration of the work for each shift shall not exceed the maximum limits for regular work time established in this act.
Labour Act §57(3)
Remarks: 8 hours per day.
Weekly limit
The duration of the work for each shift shall not exceed the maximum limits for regular work time established in this act.
Labour Act §57(3)
Remarks: 45 hours per week.
Schedule
When of the organisation of the shifts, the employers shall respect, whenever possible, the preferences and interests of the workers.
The working hours of shift workers must be agreed to by the competent government authority.
Labour Act §57(4), 59(1)
SHORT-TIME WORK/WORK-SHARING
General provisions
A fixed term work contract can be concluded: a) Whenever is necessary to replace a worker who is temporarily unable or with his labour contract suspended; b) Whenever there is an exceptional and temporary addition of the company¿s activity; c) For the providing of services or work precisely defined and temporarily; d) For performing seasonal activities; e) Whenever a company is established or restructured thereby generating a large number of jobs.
Labour Act §10(1)
Results generated on: 19th April 2024 at 11:58:09.
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