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Nicaragua - Working time - 2011


LAST UPDATE

7 December 2011

SOURCES


Name of Act

Code on Childhood and Adolescence, (Código de la Niñez y de la Adolescencia)of 24 March 1998.

Name of Act

Act No. 185 promulgating the Labour Code, (La Gaceta No. 205, 30 October 1996, pp. 6109-6155) of 30 October 1996 as amended up to Act n° 671 of 31 October 2008.
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Name of Act

Constitution of Nicaragua (Constitución de Nicaragua) of 1987, as amended up to 2003

Name of Act

Law No. 159 promulgating the Domestic Worker Day, of 13 May 1993.

Other source used

Notice of the Ministry of Labour which issues the 8 December 2011 a public holiday day, of 25 November 2011.

LEGAL DEFINITIONS


Working time/working hours

Working time refers to the time the worker is at the employer’s disposal, and carrying out his obligations.
Labour Code Art.49

Employee/worker

"Employee" shall mean any person who written or orally, individually or collectively, expressly or implied, temporarily or permanently is in a labour relation, towards another person called employer, by which services are rendered, or material or intellectual work is performed under the employer’s direct or indirect supervision and subordination, in exchange of remuneration.
Labour Code Art.6

Employer

"Employer" shall mean any individual or legal person who hires the rendering of services or the performing of a work in exchange for remuneration.
Labour Code Art.8

Overtime/overtime work

Any work carried out exceeding the ordinary working hours shall be considered overtime. Any work carried out to correct any errors attributable to the worker shall not be considered overtime. Any work performed on a weekly rest day or public holiday shall be considered as overtime.
Labour Code Art.57

Night work(er)

Night work is carried out between 8p.m. and 6a.m.. Day-and-night work is work carried out partially during the day, and partially during the night. When more than three and a half hours are carried out during night-time all the work performed shall be considered night work.
Labour Code Art.50,51

Domestic worker

Domestic workers are those who perform services in a household for a person and for their family in frequently or continuously manner, without resulting a direct business or profit for the employer.
Labour Code Art.145

Young worker

A child or adolescent, between 14 and 18 years old, who performs an economic activity, in the material or intelectual order, in temporary or permanently basis and in exchange of remuneration.
Labour Code Art.130, 131

NORMAL HOURS LIMITS


Daily hours limit


General limit

The hours of work shall not exceed 8 hours per day.
Constitution of Nicaragua Art.82(5)
Labour Code Art.51
Historical data (year indicates year of data collection)
  • 2009: 8 hours per day.
  • 2007: 8 hours

Exceptions

EXCLUDED CATEGORIES

A number of groups are excluded from the 8 hour limit, including:
(1) workers who represent their employer;
(2) managerial and supervisory workers;
(3) intermittent work;
(4) workers whose presence alone is required;
(5) workers who do not work on the premises of the employer and are not under the control of the employer.
(6) work that, due to its nature, cannot be subject to limits.
(7) workers employed in air transport, land transport, maritime transport, river or lake transport.

However, these workers are subject to a 12 hour daily limit and are entitled to a 4 hour rest break.

HAZARDOUS AND UNHEALTHY WORK

A 6 hour limit applies to hazardous and unhealthy work.

EXTENDED DAY/ADDITIONAL WEEKLY REST

Workers and employers may agree that the worker’s daily hours will be extended to a maximum of two hours in order to allow the worker an additional day (or partial day) of weekly rest on Saturdays.
Labour Code Art.53,61,63

Special categories


» Night work

The hours of work shall not exceed 7 hours per day when the work is performed during the night and 7.5 hours when the work is performed during day-and-night time.
Labour Code Art.51

» Young workers

The hours of work for young workers shall not exceed 6 hours per day.
Labour Code Art.134(f)

Weekly hours limit


General limit

The hours of work shall not exceed 48 hours per week.
Labour Code Art.51
Historical data (year indicates year of data collection)
  • 2009: 48 hours per week.
  • 2007: 48 hours
  • 1995: 48 hours.

Compressed workweeks

The worker and the employer may agree to extend the worker�s daily hours in a maximum of two hours in order to allow the worker to enjoy an additional day or partial day of weekly rest.
Labour Code Art.63

Special categories


» Night work

The hours of work shall not exceed 42 hours per week when the work is performed during the night and 45 hours when the work is performed during day-and-night time.
Labour Code Art.51

» Young workers

The hours of work for young workers shall not exceed 30 hours per week.
Labour Code Art.134(f)

OVERTIME WORK


Criteria for overtime


General

Any work carried out exceeding the ordinary working hours shall be considered overtime. Any work carried out to correct any errors attributable to the worker shall not be considered overtime. Any work performed on a weekly rest day or public holiday shall be considered as overtime.
Labour Code Art.57

Limits on overtime hours


General limits

The hours of overtime work shall not exceed 3 hours per day and 9 hours per week.
Labour Code Art.58
Historical data (year indicates year of data collection)
  • 2009: 3 hours per day and 9 hours per week
  • 2007: 3 hours per day and 9 per week
  • 1995: 3 hours per day, not more than 3 times per week.

Compensation for overtime work


Overtime rate(s)

Overtime work shall be remunerated with a 100% increase over the normal rate of payment.
Labour Code Art.62
Historical data (year indicates year of data collection)
  • 2009: 100% increase.
  • 2007: 100% increase
  • 1995: 100% premium.

Compensatory rest

The employer cannot provide unilaterally a compensatory rest by reducing working hours as a mean of remuneration for the overtime work performed.
Labour Code Art.57

Notice of requirement to work overtime


General provisions

Workers are not obliged to perform overtime, unless in the social interest or force majeure.
Labour Code Art.59

SCHEDULES


General

Normal hours of work can be continuous or divided into two or more working periods with rest periods in between.

The parties may, within the legal limits, freely schedule the time relative to working time; daily hours of work, breaks, shifts and holidays, taking into account the nature and the urgency of the work among other factors.
Labour Code Art.55,169

REST PERIODS


Rest breaks


General provisions

Workers are entitled to enjoy 30 minutes of rest break during one day of work. These 30 minutes are considered as working time.
Labour Code Art.55
Historical data (year indicates year of data collection)
  • 2009: 30 minutes of rest break during one day of work. These 30 minutes are considered working time.
  • 2007: 30 minutes
  • 1995: 1,5 hours during the working day.

Daily rest periods


Duration

(No general statutory provisions on daily rest.)
Historical data (year indicates year of data collection)
  • 1995: No legal provision.

Special categories


» Domestic work

Domestic Workers are entitled to enjoy 8 continuous hours of daily rest during the night.
Labour Code Art.147

Weekly rest periods


Duration


» General

Workers shall enjoy one day of weekly rest with full pay after six consecutive days of work.
Labour Code Art.64
Constitución de Nicaragua de 1987, con Reformas de 1995:§82.5
Historical data (year indicates year of data collection)
  • 2009: One day, after six working days.
  • 2007: 1 day
  • 1995: 1 day after every 6 days of continuous work.

» Exceptions

The worker and the employer may agree to extend the worker’s daily hours in a maximum of two hours in order to allow the worker to enjoy an additional day or partial day of weekly rest.
Labour Code Art.63

Day specified


» General

The weekly rest day shall be the Sunday.
Labour Code Art.64
Constitución de Nicaragua de 1987, con Reformas de 1995:§82.5

» Exceptions

Workers and employers may agree that the worker’s daily hours will be extended to a maximum of two hours in order to allow the worker an additional day (or partial day) of weekly rest on Saturdays.
Labour Code Art.63

Work on weekly rest day


» Criteria

Work on a weekly rest day is permitted in the following cases:
a)work which cannot be interrupted (due to the nature of the work), those that are technical in nature, pharmacies on duty and recreational establishments, and those whose discontinuity would cause significant harm to public interest, industry, or trade.
b)operations to repair damage caused by force majeure, provided that the repair is urgent;
c) work that by its nature, depends on irregular action of natural phenomena;
d) manufacturing work, industries or businesses which meet the daily needs of food.
Labour Code Art.69(a,b,c,d)

» Compensation (for working on a rest day)

Work on a weekly rest day shall be remunerated as overtime work rate, which is with a 100% increase over the normal rate of payment.
Labour Code Art.65

Special categories


» Domestic workers

Domestic workers are entitled to enjoy one day of rest after 6 consecutive days of work.

Young domestic workers are also entitled to enjoy one day of rest after 6 consecutive days of work. However, they may agree with the employer to enjoy two days of rest after 12 days or five per month.
Labour Code Art.147

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

In order to enjoy the annual leave period, the worker shall have performed at least 6 months of continuous work with the same employer.
Labour Code Art.76

Duration


» General

Every worker is entitled to enjoy 15 days of continuous and remunerated annual leave after 6 months of uninterrupted work with the same employer.
Labour Code Art.76
Historical data (year indicates year of data collection)
  • 2009: 15 days
  • 2007: 15 days
  • 1995: 15 days (after 6 months of continuous work)

Payment


» Amount

Annual leave is paid with full pay corresponding to the last ordinary wage. In cases of variable earnings, the amount due to for annual leave shall correspond to the average earnings of the last 6 months.
Labour Code Art.78

Schedule and splitting

Employers shall scheduled the annual holidays and shall inform the workers accordingly. However, in the interest of the employer or the worker or in cases of seasonal work, the period of annual leave may be scheduled in a different period to the previously fixed.
Labour Code Art.76

PUBLIC HOLIDAYS


Number and dates

The following nine days are public holidays where the workers are entitled to a paid rest day: 1 January, Maundy Thursday and Good Friday, 1 May, 19 July, 14 and 15 September, 8 and 25 December.

The Government may declare other days as public holidays to be enjoyed from this year onwards or only for the current year, like the "Domestic Worker Day" fixed on the December 10th each year, in which day, this category of workers shall enjoy the rest day with full pay, or the 8th of December 2011 to be enjoyed as national public holiday for all the workers in the private and public sector.
Labour Code Art.66, 67
Law No. 159 Art.1
Notice of the Ministry of Labour

Payment

Public holidays are paid.
Labour Code Art.66

Work on Public Holidays


» Criteria

Work on a public holiday day is permitted in the following cases:
a)work which cannot be interrupted (due to the nature of the work), those that are technical in nature, pharmacies on duty and recreational establishments, and those whose discontinuity would cause significant harm to public interest, industry, or trade.
b)operations to repair damage caused by force majeure, provided that the repair is urgent;
c) work that by its nature, depends on irregular action of natural phenomena;
d) manufacturing work, industries or businesses which meet the daily needs of food.
Labour Code Art.69(a,b,c,d)

» Compensation

Workers shall be compensated with a 100% increase over the normal rate of payment for the work performed on a public holiday day.
Labour Code Art.68

EMERGENCY FAMILY LEAVE

Workers are entitled to paid leave for: a) three days for the death or parents, spouse, partner, or children; b) five consecutive days for marriage.
In addition, employers may grant a leave to the workers in the following cases: a) visits to the doctor; b) to take children or disabled under worker’s care to the doctor when he can not do it outside working hours; c) to take care of family member dependant of the worker and living under the same roof, when the family member has a severe disease and his presence is required.
Labour Code Art.73,74

PART-TIME WORK

Relevant provisions have been not identified.

NIGHT WORK


Criteria for night work

Night work is carried out between 8p.m. and 6a.m.. Day-and-night work is work carried out partially during the day, and partially during the night. When more than three and a half hours are carried out during night-time all the work performed shall be considered night work.
Labour Code Art.50,51

Special categories


Young workers

Young workers cannot perform any type of work during the night.
Code on Childhood and Adolescence Art.74

Pregnant workers/recent birth

Pregnant workers after the 6th month of pregnancy shall not be employed in night work.
Labour Code Art.52

SHIFT WORK

Relevant provisions have been not identified.

ON-CALL WORK

Relevant provisions have been not identified.

FLEXITIME


Criteria

The parties may, within the legal limits, freely schedule the time relative to working time; daily hours of work, breaks, shifts and holidays, taking into account the nature and the urgency of the work among other factors.
Labour Code Art.169

CASUAL WORK

Relevant provisions have been not identified

SHORT-TIME WORK/WORK-SHARING

Relevant provisions have been not identified

RIGHT TO CHANGE WORKING HOURS


Type of changes permitted

Workers who are in charge of a disabled person are permitted to request a reduction in their working hours with a proportionate reduction of salary.

Women with family responsibilities may enjoy shorter hours of work, provided by specific laws, regulations and collective agreements.
Labour Code Art.75,139

INFORMATION & CONSULTATION


Information

Employers shall inform the workers about the schedules of the annual leave periods.
Labour Code Art.76

Results generated on: 02nd September 2014 at 23:17:36.
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