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San Marino - Working time - 2011


LAST UPDATE

22 November 2011

SOURCES


Name of Act

Declaration of the Citizens’ Rights and Fundamental Principles of San Marino (Dichiarazione dei diritti dei cittadini e dei principi fondamentali dell’ordinamento sammarinese. Testo coordinato della Legge 8 luglio 1974, n.59, con le modifiche derivanti dalle Leggi 19 settembre 2000, n.95 e 26 febbraio 2002, n.36)

Name of Act

Act No.7 respecting the protection of labour and of workers (Legge per la tutela del lavoro e dei lavoratori), of 17 February 1961.

Name of Act

Act No.1, respecting the protection of labour in San Marino, of 27 January 1949.

Name of Act

Decree No.123 (Decreto Delegato No.123, sulla disciplina delle prestazioni di lavoro occasionali, 8 settembre 2009) of 8 September 2009.

Name of Act

Decree No.147 (Decreto Delegato No.147, ratifica decreto delegato No.123 sulla disciplina delle prestazioni di lavoro occasionali) of 26 October 2009.

Name of Act

Act No.27, respecting the protection of apprenticeship (Legge per la tutela dell’apprendistato) of 11 September 1961.

Name of Act

Decree No.63 (Decreto sulla chiusura infrasettimanale degli esercizi commerciali) of 28 May of 1986.

Name of Act

Decree No. 74 (Ratifica Decreto 28 maggio 1986 n. 63, chiusura infrasettimanale degli esercizi commerciali) of 2 July 1986.

Name of Act

Decree No.5 (Decreto ratifica della convenzione No.138 dell’ Organizzazione Internazionale del Lavoro sull’eta minima di admissione al lavoro) of 17 June 1995.

Name of Act

Law No. 138 of 20 November 1987 fixing the regime of part-time (Legge No.138, 20 novembre 1987 sulla disciplina del lavoro a tempo parziale).

Name of Act

Law No.152 of 18 December 1990 (Legge No.152 di 18 dicembre 1990 Calendario delle Festivi)

Name of Act

Law No.40 of 25 May 1981 fixing the equality men and women at work (Legge No.40, 25 maggio 1981 di parità tra uomo e donna in materia di lavoro).

Name of Act

Law Decree No.156 of 5 October 2011 (Decreto Legge no.156 5 ottobre 2011 interventi urgenti per la semplificazioni e l�efficienza del mercato del lavoro)

LEGAL DEFINITIONS


Part-time work(er)

Part time work is the work performed regularly with a reduction of the normal hours of work provided by the Law and Collective Agreements and performed during a reference period of; day, week, month or year.
Law No. 138 Art.1

Night work(er)

Night work is the work performed in the interval between 22:00 and 06:00 of the following day.
Law No.40 Art.3
Act No.7 respecting the protection of labour and of workers Art.16

Young worker

Young worker is the worker of either sex between 14 and 18 years old.
Workers from 14 years old until the age of 20 shall enter into a contract of apprenticeship.
Act No.27, respecting the protection of apprenticeship Art.4, 8

NORMAL HOURS LIMITS


Daily hours limit


General limit

No worker shall perform more than 8 hours per day.
Act No.7 respecting the protection of labour and of workers Art.16

Exceptions

The limitations in the hours of work shall not apply to the heads of undertakings nor to persons in supervisory posts.
Act No.7 respecting the protection of labour and of workers Art.18

Special categories


» Young workers

The apprentice’s daily hours of work shall not exceed 8.
Act No.27, respecting the protection of apprenticeship Art.8

Weekly hours limit


General limit

No worker shall perform more than 48 hours per week.
Act No.7 respecting the protection of labour and of workers Art.16

Exceptions

In case of salaried employees the weekly hours limit is fixed in 44 hours.

The limitations in the hours of work shall not apply to the heads of undertakings nor to persons in supervisory posts.
Act No.7 respecting the protection of labour and of workers Art.16,18

Special categories


» Young workers

The apprentice’s weekly hours of work shall not exceed 48. In the case of young persons under 18 years old, the maximum shall be 44 hours per week.
Act No.27, respecting the protection of apprenticeship Art.8

OVERTIME WORK


Limits on overtime hours


General limits

Applications for permission for overtime work shall be submitted to the Labour Inspectorate, which shall grant permission for not more than two hour a day.
Act No.7 respecting the protection of labour and of workers Art.16

Restrictions/exceptions

The limitations in the hours of work shall not apply to the heads of undertakings nor to persons in supervisory posts.
Act No.7 respecting the protection of labour and of workers Art.18

Compensation for overtime work


Overtime rate(s)

Overtime work shall be paid for at time-and-a-quarter rates.
Act No.7 respecting the protection of labour and of workers Art.16

Compensatory rest

It is unlawful to give time off to compensate for overtime work.
Act No.7 respecting the protection of labour and of workers Art.16

REST PERIODS


Weekly rest periods


Duration


» General

The duration of the rest period shall be 24 consecutive hours.
Act No.7 respecting the protection of labour and of workers Art.18

» Exceptions

The weekly rest period shall not apply to the heads of undertakings nor to persons in supervisory posts.
Act No.7 respecting the protection of labour and of workers Art.8

Day specified

The Sunday shall be a rest day.
Law No.152 Art.1

» General

Workers shall be entitled to weekly rest on Sundays.
Act No.7 respecting the protection of labour and of workers Art.18

» Exceptions

The weekly rest may, exceptionally, be taken on another day of the week where this is made necessary by a rota system or the requirements of the work.
Act No.7 respecting the protection of labour and of workers Art.18

Work on weekly rest day


» Criteria

Working on a weekly rest day is only permitted in exceptional circumstances and upon the authorization of the Labour Inspectorate.
Act No.7 respecting the protection of labour and of workers Art.16

» Compensation (for working on a rest day)

The compensation for working on a weekly rest day shall be paid at double-times rate.
Act No.7 respecting the protection of labour and of workers Art.16

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE

Entitlement to annual leave cannot be waived.
Act No.7 respecting the protection of labour and of workers Art.19

Duration

All workers shall be entitled to annual leave with pay, varying from 1 to more than 15 years’ service from 10 to 20 days a year for wage earners and from 1 to more than 12 years’ service from 10 to 12 days a year for salaried employees and intermediary staff.
Act No.7 respecting the protection of labour and of workers Art.19 and Schedule B

Schedule and splitting

The period of annual leave shall, as far as possible, be continuous.
The time of year when the annual leave may be taken shall be fixed by agreement between employer and the worker , account being taken of work requirements and other circumstances applying.
Act No.7 respecting the protection of labour and of workers Art.19

Special categories


» Young workers

An apprentice shall be entitled to a period of annual leave with pay not exceeding 20 days (in the case of young persons and under 16 years old) or 15 days (in the case of apprentices of 16 years old or over).
Act No.27, respecting the protection of apprenticeship Art.11

PUBLIC HOLIDAYS

Workers shall be entitled to rest on the civil and religious holidays prescribed by the Grand General Council(in the case of State employees and employees of public undertakings) or by decision of the trade unions, as indicated in an annual calendar(in the case of workers in the employ of private employers).
Act No.7 respecting the protection of labour and of workers Art.18

Number and dates

Public holidays are religious, civil and natinal holidays;
Religious:
1st of January: Maria Santissima Madre de Dio; 6 January: Epifania del Signore; Santissimo Corpo e Sangue di Cristo (Thrusday after the Sunday of the SS Trinitá Santissimo); 15 August: Assunzione della Beata Vergine Maria; 1st of November: Tutti i Santi; the Second of November: Commemorazione dei defunti; 8 December: Immacolata Concezione della Beata Vergine Maria; 25 December: Natale del Signore.
Civil:
Easter Monday; the 26th of December.
Civil and National:
The 25th of March: Arengo; the 1st of April and the 1st of October: Ingresso dei Capitani Reggenti;the 1st May: Festa del lavoro; the 28th July: Caduta del Fascismo.
Law No.152 Art.1

Work on Public Holidays


» Criteria

Working on a weekly rest day is only permitted in exceptional circumstances and upon the authorization of the Labour Inspectorate.
Act No.7 respecting the protection of labour and of workers Art.16

» Compensation

The compensation for working on a holiday day shall be paid at double-times rate.
In addition, the compensation for working on a national holiday day shall be paid at triple-times rate.
Act No.7 respecting the protection of labour and of workers Art.16

EMERGENCY FAMILY LEAVE

A worker shall be entitled to 15 days paid leave on the occasion of his marriage.
Act No.7 respecting the protection of labour and of workers Art.22

PART-TIME WORK


General provisions

Part time work is the work performed regularly with a reduction of the normal hours of work provided by the Law and Collective Agreements and performed during a reference period of; day, week, month or year.
Law No. 138 Art.1

Limits

Part-time working hours shall not be lower than 4 hours per day, 18 hours per week, 78 per month and not less than the 50% of the normal hours of work fixed by contract.
Law No. 138 Art.1

NIGHT WORK


Criteria for night work

Night work is the work performed in the interval between 22h and 6h of the following day.
Law No.40 Art.3

Compensation

Workers performing night shall ba paid at a rate of time-and-a-quarter in the case of normal work and time-and-a-half in the case of exceptional work, and an increase of 15% in the case of shift work.
Act No.7 respecting the protection of labour and of workers Art.16

Special categories


Young workers

It shall be unlawful to cause apprentices to work between 10 p.m. and 8 a.m. without the prior authorisation of the Labour Inspectorate, which shall grant such authorisation when the special nature of the work warrants it, after consulting the Public Health Office, and only in the case of activities which are only carried on at night.
Act No.27, respecting the protection of apprenticeship Art.8

SHIFT WORK

Workers performing night work shall ba paid at a rate of time-and-a-quarter in the case of normal work and time-and-a-half in the case of exceptional work, and with an increase of 15% in the case of shift work.
Act No.7 respecting the protection of labour and of workers Art.16

CASUAL WORK


General provisions

Casual work is the work performed out of the normal hours of work, that may be carried out on Saturdays, Sundays or holidays normally in occupations related to; entertainment and leisure, hotel and restaurants and commerce.

Casual work is a kind part time work for addressing occasional or extraordinary needs of work and subject to a specific limitation of hours per year.
Decree No.123 Art.1,2

Normal hours limit

Workers engaged in casual work shall not be employed in more than 35 weeks during the same year and for not more than 70 working days.
Decree No.123 Art.2

RIGHT TO CHANGE WORKING HOURS

In order to face personal or family issues, an employee with an indefinite contract may request to change working hours from a full time position to a part time, for a period not exceeding 18 months within a three years period.

In that case, the employer may hire another worker for a fixed term part-time position, to work the hours that the indefinite worker stops to perform, and also the employer may reduce his salary in an amount of up to 50%. If the worker who ask to change to a part time position is single and with dependant children the reduction on the salary is equal to 75%.
Law Decree No.156 Art.14

Results generated on: 19th September 2014 at 09:50:40.
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