Working hours are shorter than the full-time working hours with the employer.
1: §48-2
Night work(er)
Work performed between 22:00 and 06:00.
Night shift: 8 uninterrupted hours performed between 22:00 and 07:00.
1: §127
NORMAL HOURS LIMITS
Daily hours limit
General limit
8 hours on average over a 4 month reference period
1: §129
Exceptions
Dangerous work - 8 hours per day
1: §129
Special categories
» Night work
8 hours on average over a 4 month reference period
8 hours per day in dangerous work
Collective agreements can permit these limits to be averaged over a 4-6 month reference period.
1: §129, §136
» Young workers
8 hours per day
1: §174
Weekly hours limit
General limit
40 hours
1: §116-(1)(3)
Exceptions
The 40 hour limit can be reduced to 36 hours by law or collective agreement.
It can be reduced to less than 36 hours for jobs involving danger of injury or health risks.
1: §116-(1)(3), §116-4
Special categories
» Young workers
40 hours per week
1: §174
OVERTIME WORK
Criteria for overtime
General
At the employers request, in the following circumstances:
(1) exceptional increases in workload; (2) the need for continuation of the business or production process; (3) to avert damage to the work equipment that would result in a suspension of work; (4) to ensure safety or persons or property and security of turnover; (5) in other cases stipulated by law or collective agreement.
Overtime work is also permitted in circumstances of force majeure. It is prohibited for the following to perform overtime work:
(1) older workers; (2) workers whose health would be affected; (3) workers who work for less than 36 hours per week on safety and health grounds.
1: §117-1, §119 1: §120-8
Limits on overtime hours
General limits
10 hours per week and 190 hours per year
1: §117-2
Restrictions/exceptions
Overtime performed in circumstances of force majeure can continue as long as necessary.
1: §119
Compensation for overtime work
Overtime rate(s)
Workers who perform more than 150 overtime hours during a year and are not absent for more than 21 days are entitled to one extra months salary.
1: §117-3
Special categories
Young workers
It is prohibited for workers under 18 years to perform overtime work.
1: §120-5
Pregnant workers/recent birth
It is prohibited for pregnant workers to perform overtime work.
1: §120-2, §164-1
Disabled workers
It is prohibited for disabled workers who work part-time to perform overtime work.
1: §120-8
Parents
It is prohibited for the following to perform overtime work without their written agreement:
(1) mothers of children under 3 years; (2) single parents with children under 6 years; (3) fathers of children or workers who take care of children where the mother is dead, abandons the child or is incapable of living and working independently, according to a medical assessment.
1: §120-3, §164-2, §164-3
SCHEDULES
General
Work schedules are to be determined by the employer.
The working week should be of five days. When required by the nature of activities, the hours can be averaged over a year period, provided working hours do not exceed 40 hours a week and daily hours are not shorter than four per day.
1: §116-2, §123-4, §124, §125-1
REST PERIODS
Rest breaks
General provisions
30 minutes minimum, to be taken not earlier than 1 hour after the start of work and not later than 3 hours before it ends
1: §132-(1)(4)
Special categories
» Part-time work
Part-timers who work at least 4 hours in a day are entitled to a minimum 15 minutes break
1: §132-2
» Young workers
Workers under 18 years are entitled to a rest break of at least 30 minutes after four and a half hours of work
1: §174-2
Daily rest periods
Duration
12 hours
1: §133
Exceptions
Collective agreements can permit the 12 hour rest period to be averaged over a reference period of not more than 6 months where:
(1) the nature of the work requires permanent presence; (2) the nature of the activity requires continuous work; (3) an uneven or increased volume of work is foreseen.
1: §136(3)-(4)
Special categories
» Shift work
Collective agreements can permit the 12 hour minimum daily rest period to be averaged over a reference period of not more than 6 months.
1: §136-2
» Young workers
24 hours between two successive working days
1: §174-3
Weekly rest periods
Duration
» General
24 hours
1: §134
» Exceptions
Collective agreements can permit the 24 hour rest period to be averaged over a reference period of not more than 6 months where:
(1) the nature of the work requires permanent presence; (2) the nature of the activity requires continuous work; (3) an uneven or increased volume of work is foreseen.
1: §136(3)-(4)
Day specified
» General
Sunday
1: §134(2)-(3)
» Exceptions
Weekly rest can be taken on another day when taking it on a Sunday would compromise the normal functioning of the establishment.
1: §134(2)-(3)
Special categories
» Shift workers
Collective agreements can permit the 24 hour minimum weekly rest period to be averaged over a reference period of not more than 6 months.
1: §136-2
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Qualifying period
6 months for both full and part-time workers
1: §139
Duration
» General
20-26 working days, as specified in a collective agreement in accordance with years of service and working conditions
1: §137-1, §138-1
» Exceptions
3 additional day for older workers.
1: §48-4, §137-2
Schedule and splitting
In determining when leave can be taken, the following have to be taken into account:
(1) work requirements; (2) the workers opportunities for rest; (3) family obligations.
The employee is entitled to determine 1 day of his or her annual leave without the employers agreement, provided it does not jeopardize the work process. The leave can be divided in to two parts. The first part must be of at least 12 days and used within the calendar year. The remainder can be taken up to 30 June the following year.
1: §141, §144 1: §141
Special categories
» Young workers
Workers under 18 years are entitled to 7 additional days.
1: §176
» Parents
3 additional days for workers who care for a physically or mentally handicapped child.
1: §48-4, §137-2
» Part-time work
Part-timers are entitled to at least 10 days of leave.
1: §48-4, §137-2
» Disabled workers
3 additional days of annual leave for disabled workers and workers with at least a 60% physical impairment; .
Labour Relations Act, 22 July 2005 (No. 910) 1: §48-4, §137-2
PUBLIC HOLIDAYS
NUMBER
7 days
Act on public holidays, T
EMERGENCY FAMILY LEAVE
Leave can be made available under conditions set out in collective agreements. A maximum of 3 months per year. Unpaid leave
1: §147 1: §147 1: §147
PART-TIME WORK
Right to equal treatment
Right/scope
When a worker has part-time contracts with several employers, the employers are obliged to assure the worker simultaneously about taking annual leave and other absences from work, unless it would cause damage to them. Part-time workers are entitled to the same contractual and other rights, and subject to the same obligations, as full-time workers.
They exercise these rights proportionally to the hours set out in their contracts of employment.
1: §49-3 1: §48-3, §122
NIGHT WORK
Workers' health
Workers who work at night at least 3 hours per day and/or for one-third of annual working hours are entitled to health assessments. Workers who work at night at least 3 hours per day and/or for one-third of annual working hours are entitled to longer leave periods, adequate food and professional management of the production process.
1: §128-(1) & (3) 1: §128-(1) & (3)
Transfers
Where a health assessment finds a worker to be unfit for night work, the employer may be obliged to transfer him or her to a suitable day position.
1: §128-2
Special categories
Young workers
It is prohibited for workers under 18 years to work between 22:00 and 06:00, except in circumstances of force majeure.
1: §175
Women
Women in industry and construction can work at night only if they are ensured rest on the following day of at least 7 hours between 22:00 and 05:00.
1: §131-(1) & (3)
INFORMATION & CONSULTATION
Information
Employers are required to separately specify overtime hours in the monthly calculation of the workers salary.
1: §117-4
Results generated on: 29th March 2024 at 00:15:20.
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