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Comoros - Working time - 2011


LAST UPDATE

04 November 2011.
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SOURCES


Name of Act

Act n. 84-108, 1984, Labour Code.

Name of Act

Order n. 54-90/C on Overtime and Night work.

Name of Act

Order n. 54/87-C governing the application of the weekly rest period.

Name of Act

Order n. 66/84/IT-C establishing the conditions for night work by women and children in industries.

LEGAL DEFINITIONS


Employee/worker

A worker is anyone, regardless of sex or nationality, who engages him/herself into a professional activity under the direction or authority of another person, natural or moral, public or private.
Labour Code §1(2)

Night work(er)

Every work performed between 19h and 05h shall be considered as night work.
Labour Code §118(1)

NORMAL HOURS LIMITS


Weekly hours limit


General limit

In every establishment, either public or private, the legal working time cannot exceed 40 hours per week.
Orders enacted after consultation with Superior Labour and Employment Council shall establish all the modalities of application to working time.
Labour Code §117(1)(4)

OVERTIME WORK


Criteria for overtime


General

In every establishment, either public or private, the legal working time cannot exceed 40 hours per week.
The hours worked beyond the legal limits entitled the worker to a compensation that shall be established by a decree from the Minister of Labour after consultation with the Superior Labour Council.

The official working time can, temporarilly, be extended beyond the legal duration or the duration considered as equivalent in case of urgent, exceptional, justified or seasonal work, either because of an increase of the workload, either because of the necessity to maintain or increase the level of production, or even because of the lack of labour force.

Subject to particular provisions introduced by decrees establishing the modalities of application of the Labour Code in the different sectors of activity, overtime work performed shall be limited to 20 hours per week, after authorization of the Labour Inspector.
Labour Code §117(1)(3)
Order on Overtime work and Night work §2, 3

Compensation for overtime work

The hours worked beyond the legal limits entitled the worker to a compensation that shall be established by a decree from the Minister of Labour after consultation with the Superior Labour Council.

In industries and all other professions subject to the regulations of working time, the work performed beyond the regular working time of 40 hours per week or an equivalent working time determined by art. 112 of the Act from 15 Decembre 1952, entitle the worker to a compensation over the normal salary in the conditions established by arts. 2 and 5 of the present order.
Labour Code §117(3)
Order on Overtime work and Night work §1

Overtime rate(s)

The compensation for overtime during the day and for night work are established as follows:
1. Overtime work during the day:
a) For the first 8 hours after the regular duration of 40 hours or duration considered equivalent: minimum of 15% of the salary;
b) For the 8 following hours: minimum of 30% of the salary;
c) For the following hours until th 60th hour included: minimum of 40% of the salary;
d) Overtime work performed during sundays and holidays: minimum of 40% of the salary.

In the companies in which the regular working time is fixed in 42 hours, and especially in plants where there is continuous work, the compensation rate for overtime work or night work shall be of 25% of the salary from the 43rd hour until th 56th hour.
Order on Overtime work and Night work §4(1)

REST PERIODS


Daily rest periods


Special categories


» Young workers

The daily rest period of women and young workers shall be of 12 consecutive hours.
Labour Code §119(1)

» Women

The daily rest period of women and young workers shall be of 12 consecutive hours.
Labour Code §119(1)

Weekly rest periods


Duration


» General

The weekly rest period is compulsory. It shall be of at least 24 consecutive hours per week. It shall take place in principle on sundays.

The weekly rest period is compulsory for every worker, occupied in industrial, commercial, or agricultural establishments or in its facilities, either public or private, religious or secular, even if they have a vocational or voluntary character.
The weekly rest period is equally compulsory for hospital, asylum, retirement and alienation staff, as well as nursing houses, museums, exhibitions, public and ministerial officers, own-account workers, companies, trade unions and associations of any nature.
However, these provisions shall not be applicable to workers or employees of water, air transport undertakings, as well as the railway workers, whose weekly rest period shall be regulated by specific regulations.

The weekly rest period shall be of at least 24 consecutive hours week. It shall take place in principle on sundays.
Labour Code §125(1)
Order on weekly rest period §1, 3

» Exceptions

An order enacted after recommendation of the Superior Labour and Employment Council shall establish the conditions of application of the preceeding paragraph, especially for those professions for which the weekly rest period may be detemined in shifts or collectively in days other than sundays or fridays, or suspended in order to compensate holidays, or divided during the week.

The establishments in the following categories are legally allowed to give the weekly period of rest by rotation: manufactures of food products destined to immediate consuming, hotels, restaurants, bars, news agencies, flower shops, hospitals, asylums, retirements and alienation houses, nursing houses, pharmacies, bathhouses, theaters, museums, exhibitions, amongst others (see pdf file attached).

In case of urgent work which immediate execution is necessary to organize measures of rescue in order to prevent imminent accidents or repair accidents occurred to material, facilities, or buildings of the establishments, the weekly rest period can be suspended for the necessary staff to the execution of such work.
The possibility of this suspension applies to workers of the company where the work is necessary, but also to those workers of the company doing the repairs for the former. In the case of the latter, the workers are entitled of a rest period of compensation equal to that which was supressed. The same shall apply to the workers of the first company.
The derogations forseen in the present article shall not apply to young workers under the age of 18 years and to women.
An immediate notice of the supressions shall be given to the Territorial Labour Inspector.

Industries dealing with perishable goods or having to respond to certain moments of extraordinary increase of the workload shall suspend the weekly rest period twice or more per month, but without exceeding the limit of 6 suspensions per year.
Immediate notice of such derogations shall be given to the Territorial Labour Inspector.
The hours of work performed during the weekly rest period shall be considered as overtime work and set in as credit of overtime, as forseen by the orders determining the conditions of application of working time legal provisions.

Guards and concierges to whom the weekly rest period cannot be given, shall receive a compensatory rest period.
The derogation forseen in the present article is not applicable to young workers under the age of 18 and female minors.

In every establishment giving weekly rest period to the whole staff in the same day, this rest period can be reduced to a half-day for those working with generators or engines, lubricating, cleaning of industrial premisses, horsecare, and generally every maintenance work that has to be done necessarily the day of the collective weekly rest period and which is indispensable for the normal return to work.
Whenever the weekly rest period has been reduced by virtue of the indicated in the last paragraph, the workers are entitled to a compensatory rest period at the rate of one day for every two reductions to half-day.
This derogation does not apply to young workers under the age of 18 and to women.

The weekly rest period of specialists occupied in production or continuous operations, in factories working or providing service continuously, may be partially deferred, conditioned to the fact that the period of 24 consecutive hours of rest shall be equal to that of the period in which the rest period was deferred and that whenever possible it shall be on sundays.
The derogations of the preeceding paragraph shall be regulated by an order of the Chief of Territory, enacted after consultation with the employer’s and employee’s organisations concerned.
Labour Code §125(2)
Order on weekly rest period §4(1), 11, 12, 14, 15, 16

Day specified


» General

The weekly rest period is compulsory. It shall be of at least 24 consecutive hours per week. It shall take place in principle on sundays.
Labour Code §125(1)

» Exceptions

Optional temporary derogations:
Once the establishment of simultaneous weekly rest period during sundays harms the public or compromises the normal functioning of the establishment, the weekly rest perido can be given during the whole year or during certain times of the year only:
a) Another day other than sunday for the whole staff of the establishment;
b) From sunday noon untill monday noon to the whole staff of the establishment;
c) Sunday afternoon with a compensantory rest of a day by rotation every 15 days;
d) By roation of the the whole staff or part it.
The necessary authorizations shall be requested according to what is stated in the following paragraph. Such authorizations shall be only accorded for limited duration.

Optional occasional derogations:
In retail commerce establishments, where the weekly rest period is normaly on sundays, this rest can be supressed sundays when there are local holidays by an order from the Chief of Territory.
The number of sundays supressed cannot exceed 3 per year.
A notice of these supressions shall be addressed by the authority that has decided it, to the Territorial Labour Inspector of Comoros.
Each worker deprived from the rest period on sundays shall benefit from a supplementary rest day and a compensation over the salary, for this extraordinary day of work, equal to 1/30 of the monthly remuneration, or the amount equal to one day of effective work if the worker is paid daily.
If the sunday rest is supressed during a sunday preceeding a holiday, the compensation rest shall be given during such holiday.
Order on weekly rest period §7, 10(1)(2)(3)(4)(6)

Work on weekly rest day


» Criteria

In retail commerce establishments, where the weekly rest period is normaly on sundays, this rest can be supressed sundays when there are local holidays by an order from the Chief of Territory.
The number of sundays supressed cannot exceed 3 per year.
A notice of these supressions shall be addressed by the authority that has decided it, to the Territorial Labour Inspector of Comoros.
Order on weekly rest period §10(1)(2)(3)

» Compensation (for working on a rest day)

Each worker deprived from the rest period on sundays shall benefit from a supplementary rest day and a compensation over the salary, for this extraordinary day of work, equal to 1/30 of the monthly remuneration, or the amount equal to one day of effective work if the worker is paid daily.
Order on weekly rest period §10(4)

Special categories


» Young workers

Children placed for training with a manufacturer, foreman or a worker cannot be required to work, in any case, with respect to his/her boss, on sundays.
Order on weekly rest period §2

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

The right to annual leave is acquired after one year of effective service.
Labour Code §129

Duration


» General

Unless there are more favorable provisions in collective agreements, the worker acquires the right to leave, paid by the employer, at the rate of at least 2 and half days per month of work.
In order to determine the duration of the leave, it shall be considered as a month of work, the period equivalent to 4 weeks or 24 days of work.
For the calculation of the annual leave acquired, it shall be considered as effective service, the frequent absences because of accident at work or occupational illness, periods of rest of women who just gave birth, or in grief, according to art. 121, and, to the limit of six months, the absences for illness duly attested by a doctor.
Labour Code §126

» Exceptions

The annual leave’s duration can be increased taking into account the worker’s seniority in the company.

Once the worker has been recruited from abroad or in a place other than that where the business takes place, the duration of the leave shall be increased in order to compensate the travel time.
Unless agreed otherwhise, the travel time cannot be superior to the time necessary for the worker to go to his habitual residence and go back to work if necessary.
Labour Code §127(2), 131(3)(4)

Payment


» Amount

The employer shall pay the worker, at the moment when s/he goes on leave, a salary equal to 1/12 of the total amount of salaries and indemnities the worker received in the 12 preceeding months.
Bonuses and indemnities constituting reimboursement of professional fees are not necessarily included in the leave’s salary.
Labour Code §131(1)(2)

» Date of payment

The employer shall pay the worker, at the moment when s/he goes on leave, a salary equal to 1/12 of the total amount of salaries and indemnities the worker received in the 12 preceeding months.
Labour Code §131(1)

Schedule and splitting

The right to leave shall lapse after two years from the date of its acquisition.
However, the worker has the possibility to choose for a cumulative enjoyment of his/hers leaves acquired for two years of work. In this case, the worker shall notify the employer of his/her intentions of cumulating the leaves two months before the normal date of departure.
The lapse shall not be oposed to the worker, once s/he has not taken leave because of the necessity of performing work, notified by the employer, and could not take the leave when s/he desired to. In this case, the worker can claim his/her right to leave at any time.
Labour Code §132

Special categories


» Women

An act can establish an increase on the duration of the annual leave in favor of mothers who are head of families or young workers under the age of 18 years.
Labour Code §127(1)

NIGHT WORK


Criteria for night work

Every work performed between 19h and 05h shall be considered as night work.
Labour Code §118(1)

Compensation

The work performed during the night shall be paid a compensation for the period before or after 23h. This compensation shall be higher for the hours of work performed between 23h and 05h.

The compensation for overtime during the day and for night work are established as follows:
2. Night work hours:
a) Usual night work: minimum of 30% of the salary;
b) Occasional night work: 50% of the salary. The hourly salary over which the compensation shall be paid is the effective salary paid in view of the regulations. It shall be calculated eventually over the basis of the quotient by number of hours of regular presence, and the weekly salary. The monthly remuneration is established over a working time duration of 40 hours per week, that is 130 hours per month. It is based in this duration that the compensation shall be calculated.
In the calculation of the effective salary shall be comprised all bonuses inherent to the nature of the work performed, such as danger and health and safety indemnities. However, it shall be excluded from the calculation seniority or assiduity bonuses as well as those bonuses related to cart, tools, dressing, transportation, etc. and eventually the indemnity forseen in art. 94 of the Act from 15 December 1952.
Labour Code §118(2)
Order on Overtime work and Night work §4(2)

Special categories


Young workers

With respect to the employment of women and young workers in industries, it shall be considered as night work, every work performed between 20h and 06h.

Women and young workers, as well as apprentices, cannot be employed in any kind of night work in industrial establishment, public or private, or in their facilities.

Article 3 does not apply to night work performed by adult women and male young workers over the age of 16 employed to work with material likely to rapid deteriorate, when the work is temporary, as well as when a case of force majeure which could not been predicted or prevented and does not happen periodically obstructs the normal functioning of an industrial establishment. The company or establishment directors shall, however, inform the labour inspectorate of the such forseen derogations to the previous paragraph.

The prohibition of night work does not apply to male young workers over the age of 16 who are employed to perform work which, because of its nature, are continuous during the day and the night.

Once, because of particular circumstances, the public interest requires, the prohibition on night work by young workers over the age of 16 can be suspended by a decision of the public authority.

The daily rest period of women and young workers shall be of 12 consecutive hours.
The working conditions during night work for women and young workers in industries shall be established by decree.
Order on Night Work for women and children in industries §2, 3, 5, 6, 7
Labour Code §119

Women

With respect to the employment of women and young workers in industries, it shall be considered as night work, every work performed between 20h and 06h.

Women and young workers, as well as apprentices, cannot be employed in any kind of night work in industrial establishment, public or private, or in their facilities.

Article 3 does not apply to night work performed by adult women and male young workers over the age of 16 employed to work with material likely to rapid deteriorate, when the work is temporary, as well as when a case of force majeure which could not been predicted or prevented and does not happen periodically obstructs the normal functioning of an industrial establishment. The company or establishment directors shall, however, inform the labour inspectorate of the such forseen derogations to the previous paragraph.

The daily rest period of women and young workers shall be of 12 consecutive hours.
The working conditions during night work for women and young workers in industries shall be established by decree.
Order on Night Work for women and children in industries §2, 3, 5
Labour Code §119

Results generated on: 19th September 2014 at 09:51:06.
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