Remarks: Article 2 of the Labour Act excludes from its scope the following activities: public servants, or workers performing their professional activity in the Central Public Administration, or in a public institution or in any other State body; every worker with a permanent link serving diplomatic or consular representations of other countries or international organisations; cooperative associates or non-governmental organisations, being those regulated by specific statutes, or in the lack of such, being regulated by the commercial act; family work; casual work; the activity of those interveneing in comercial operations, if they are personally obliged to answer for the result of such operations, having assumed the respective risk; consultants and members of organs of the administration or direction of social organisations or companies, since their activity is inherently linked to those positions and without any subordination link through an employment contract.
SOURCES
Name of Act
Public Holiday Act, Act No. 7/03 of 21 March 2003.
Remarks: Certain categories are excluded from the coverage of the Act, including the public service, cooperatives and NGOs , family workers, casual workers, the self-employed and upper management. General Labour Act §2
LEGAL DEFINITIONS
Employee/worker
An employee/worker is every national or foreign resident, who voluntarily performs a remunerated work under the authority and direction of an employer.
General Labour Act Annex (w)
Overtime/overtime work
All hours exceeding the ordinary limits of the working day.
General Labour Act §102
Part-time work(er)
Part-time work is work of less than two-thirds of full-time hours.
General Labour Act Annex (cc)
Night work(er)
A night worker is a worker who performs night work or at least three hours of night work (work performed between 10 p.m. and 6 a.m.).
General Labour Act Annex (y)
NORMAL HOURS LIMITS
Daily hours limit
General limit
Except the cases forseen by specific legislation, the normal daily period of work is of 8 hours per day.
General Labour Act §96(1)b)
Historical data (year indicates year of data collection)
2009: 8 hours
2007: 8 hours
Exceptions
INTERMITTENT WORK/BEING PRESENT A 9 hour limit is permitted in 5 day workweeks where the work is predominantly intermittent or a matter of simply being present. Where, in these circumstances, flexible working time has been introduced, a 10 hour limit is permitted.
HAZARDOUS AND UNHEALTHY WORK The 8 hour limit can be reduced by collective agreements or governmental regulations for dangerous, harmful or unhealthy work.
MANAGERIAL AND AUTONOMOUS WORKERS The limits do not apply to upper management and to workers performing their job without supervision outside the workplace.
General Labour Act §96(3)(4); 107
Special categories
» Night work
The daily work period for night workers cannot exceed 8 hours per day.
General Labour Act §98
» Shift work
The daily work period of shift workers cannot exceed the maximum limit established for regular work, that is 8 hours.
General Labour Act §113(1)
» Flexitime work
Up to 9 hours per day (within the period as established in the employment contract), at least 2 of which must be performed in the morning and 2 in the afternoon. Up to 10 hours where the work is predominantly intermittent or a matter of simply being present. 8 hours must be averaged over a 4-week period.
General Labour Act §96(3), 118
» Young workers
The daily work period of young workers under 16 years old cannot exceed 6 hours per day. The daily work period of young workers between the age of 16 and 18 cannot exceed 7 hours per day.
General Labour Act §287(1)
Weekly hours limit
General limit
Except the cases forseen by specific legislation, the normal weekly period of work is of 44 hours per week.
General Labour Act §96(1)a)
Historical data (year indicates year of data collection)
2009: 44 hours.
2007: 44 hours
1995: 44 hours.
Exceptions
INTERMITTENT WORK/BEING PRESENT The limit can be extended to 54 hours where, with respect to intermittent work or work that involves only being present at the workplace, the employer has introduced flexible working time or shift work.
HAZARDOUS AND UNHEALTHY WORK The 44 hour limit can be reduced by collective agreements or governmental regulations for dangerous, harmful or unhealthy work.
MANAGERIAL AND AUTONOMOUS WORKERS The limits do not apply to upper management and to workers performing their job without supervision outside the workplace.
HOURS AVERAGING (MODULATION OF WORKING TIME) Collective agreements may regulate that normal working hours can be unequally distributed, provided that normal working hours are averaged over a maximum reference period of 6 months. 54 hours per week and 10 hours per day must not be exceeded.
General Labour Act §96(2)(3b), 107, 117
Special categories
» Shift work
44 hours or 56 hours when by the nature of the activity it is not possible to respect the general limit (on average over a reference period of not more than 3 weeks).
General Labour Act §113(3)
» Young workers
The weekly work period of young workers under 16 years old cannot exceed 36 hours per week. The weekly work period of young workers between the age of 16 and 18 cannot exceed 39 hours per week.
General Labour Act §287(1)
OVERTIME WORK
Criteria for overtime
General
Overtime is all hours exceeding the ordinary limits of the working day. Overtime work is permitted only if it is indispensable to the functioning of the enterprise or in case of emergency (accidents).
General Labour Act §102
Limits on overtime hours
General limits
The maximum limits for overtime are 2 hours per day, 40 hours per month and 200 hours per year.
General Labour Act §103(1)
Historical data (year indicates year of data collection)
2009: 2 hours per day, 40 hours per month and 200 hours per year.
2007: 2 hours per day, 40 hours per month and 200 hours per year
1995: 20 or 40 hours as a monthly average over any year, depending on the nature of the work.
Restrictions/exceptions
These limits do not apply in unforeseen circumstances or natural disasters (n.2 art.102, Labour Code).
The limits can also be reduced by the competent government authority for particularly hazardous or unhealthy activities.
General Labour Act §103(2)(3)(4)
Compensation for overtime work
Overtime rate(s)
Every hour of overtime work shall be paid with a 50% increase for the first 30 hours of overtime in a month. Every hour exceeding the above mentioned limit (30 hours per month) shall be paid a 75% increase.
General Labour Act §105(1)(2)
Historical data (year indicates year of data collection)
2009: 50% increase (first 30 hours per month)
75% increase (31st and subsequent hours).
2007: 50% increase (first 30 hours per month)
75% increase (31st and subsequent hours)
1995: 50% premium (between 06.00 and 20.00). 100% premium between 20.00 and 24.00. 150% premium between 24.00 and 06.00.
Special categories
Night work
Overtime work is prohibited for night workers, unless they fit the cases determined by a) and b) of n. 2 from art. 102, Labour Code.
General Labour Act §104(5)
Young workers
Young workers are prohibited from overtime work. In exceptional circumstances, the labour inspectorate can authorize it, to a limit of 2 hours per day and 60 hours per year.
General Labour Act §287(2)(3)
Pregnant workers/recent birth
Pregnant women cannot perform overtime work, neither be transfered to another working center, unless it is located in same geographical area and only if it is so to allow the woman to perform adequate work considering the pregnancy.
General Labour Act §272(1)b)
SCHEDULES
General
The work schedule establishes the beggining and the end of normal daily period of work, as well as rest breaks and the weekly rest period.
It is the responsability of the employer to establish the work schedule. The employer must however respect the legal regime for working hours determined by the law.
The workers representative body shall always be consulted before the establishment of the schedule.
General Labour Act §122(1)(2)(3)(4)
Special categories
Young workers
It must be organized in a way that allows young workers to attend school or any special professional courses.
General Labour Act §289(a)
REST PERIODS
Rest breaks
General provisions
Work should be interrupted by a meal-time break of one to two hours to ensure a break after 5 hours of consecutive work. An average rest break should be of 1 hour if there are eating facilities in the site and two hours if this is not the case.
General Labour Act §97(1)(2)
Historical data (year indicates year of data collection)
2009: Work should be interrupted by a meal-time break of one to two hours to ensure a break after 5 hours of consecutive work.
An average rest break should be of 1 hour if there are eating facilities in the site and two hours if this is not the case.
2007: An average rest break should be of 1 hour if there are eating facilities in the site and two hours if it is not the case.
2007: Work should be interrupted by a meal-time break of one to two hours to ensure a break after 5 hours of consecutive work.
1995: One or more rest breaks between 30 minutes and 2 hours. No work for more than 5 consecutive hours without a break.
Exceptions
Deviation from the general provision can be authorized by the labour inspectorate. This authority can reduce the meal-time break to a minimum of 30 minutes when it favours the workers. However, it can also decide not to grant it, in exceptional circumstances, after consulting the worker’s organisation.
Collective agreements may establish rest breaks exceeding two hours or provide for a different frequency or duration of these breaks.
General Labour Act §97(3)(4)(5)
Special categories
» Shift work
In the case of shift work the rest breaks shall be of 30 minutes (rest and meals) in case of rotation shifts.
General Labour Act §113(2)
Daily rest periods
Duration
From one working day to another workers shall be granted at least 10 consecutive hours of daily rest period.
General Labour Act §97(6)
Historical data (year indicates year of data collection)
2007: One working day and another shall be separated by a period of at least 10 hours.
1995: 10 hours.
Special categories
» Young workers
The young worker under 16 years of age must have a rest period from 8 pm. to 7am the next day.
General Labour Act §287(4)
Weekly rest periods
Duration
» General
The worker has the right to one full day of weekly rest period, which shall be normally sunday.
The weekly rest period shall be of at least 24 consecutive hours, initiated always at zero hours of the day of rest.
General Labour Act §126(1); 127(1)
Historical data (year indicates year of data collection)
2009: 1 day
2007: 1 day
1995: 24 consecutive hours.
Day specified
» General
Sunday
General Labour Act §126(1)
» Exceptions
Weekly rest can be taken on another day in continuous work; work that cannot be stopped for technical or public interest reasons;
Weekly rest period can be taken on another day if the is work necessary for the continuity of services that cannot be interrupted; cleaning, preparatory or complementary work that must be carried out on the rest day; and work to repair equipment or plant.
General Labour Act §125(1); 126(3)
Work on weekly rest day
» Compensation (for working on a rest day)
The work performed on a weekly rest day shall be paid the amount corresponding the number of hours worked (with a minimum of 3 hours) with an addition of 100% of the same amount.
The worker, who worked on a weekly rest day, is entitled in the following week to half a day off, if he worked less than 4 hours on the weekly rest day, or one day off in case that he worked on a weekly rest day for 4 hours or more.
General Labour Act §130; 131
Special categories
» Shift workers
In the case of shift work, this shall be organised in order for every worker to be able to enjoy at least one full day of weekly rest period.
General Labour Act §126(4)
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Duration
» General
The period of annual leave for workers is of 22 days per year, not including weekends, complementary weekly rest days and holidays in this calculation.
General Labour Act §137(1)
Historical data (year indicates year of data collection)
2009: 22 days per year.
2007: 22 days per year.
1995: 10 days.
Payment
» Amount
The remuneration of the worker during the annual leave must be equal to his/her salaray plus any other benefits or bonus he/she accumulated during his/her period of work.
Besides that, to the remuneration due as salary to the worker during annual leave, he/she shall also be granted 50% of the wage basis as leave bonus.
Total: 150% salary.
General Labour Act §146 (1)(2); 165(1)a)
Schedule and splitting
The leave must be taken during the calendar year or before the end of the first term of the following year.
The schedule shall be determined preferably in agreement between the employee and the employer. In case the agreement is impossible, the employer shall determine the schedule for the worker’s annual leave.
However, workers’ preferences should be taken into account in deciding the date of annual leave.
General Labour Act §140(2)(3), 141
Special categories
» Pregnant workers/recent birth
Female workers who have children until the age of 14 will have one day more of annual leave for each one of them.
General Labour Act §279
» Part-time work
Part time workers must be granted 2 days of leave per month.
General Labour Act §139
» Disabled workers
Disabled workers are entitled to an additional 5 days of leave.
General Labour Act §293 (3)
PUBLIC HOLIDAYS
Number and dates
Public holidays are national but the government can establish other holidays at the provincial level under proposal of the governor of the Province. Workers are entitled to 14 days of public holidays.
Public Holiday Act §1,2
Remarks: a)1 January (New Year's day) b)4 January (Martir's day) c)4 February (Celebration of the first day of the armed fighting) d) Carneval day e)4 April (Peace and National Reconciliation Day) f)17 September (Day of the Founder of the Nation and of the National Hero) g)11 November (Independance Day) h)8 March (International Women's Day) I)1 May (Worker's International Day) j)25 May (Africa's Day) k)1 June (Children's International Day) l)2 November (All souls days) m)25 December (Christmas Day).
Work on Public Holidays
» Criteria
Reasons for work on public holidays have to be officially recognized.
Public Holiday Act §4
» Compensation
The worker is entitled to 100% of the normal wage and also to a compensatory rest day within the following three days.
Public Holiday Act §4
PART-TIME WORK
General provisions
Part-time work is work of less than two-thirds of full-time hours. Workers with family responsibilities, disabilities or student workers are entitled to part-time work.
General Labour Act §119(1) General Labour Act Annex §cc
NIGHT WORK
Criteria for night work
A night worker is a worker who performs night work or at least three hours of night work between 10 p.m and 6 a.m.
General Labour Act Annex §bb
Limits
Daily hours limit
The normal work period for night workers is of 8 hours per day.
General Labour Act §98
Overtime work
Overtime work is prohibited for night workers, unless they fit the cases determined by a) and b) of n. 2 from art. 102, Labour Code.
General Labour Act §104(5)
Compensation
Night work conceeds the worker the right to an additional remuneration of 25% over the due salary for the same work performed during the day.
General Labour Act §99(1)
Workers' health
Industrial night workers should take a medical examination before they start the activity to confirm their aptitude to that kind of work.
General Labour Act §100(1)
Transfers
If confirmed by a medical examination, that the worker should be transferred to a daytime work, temporarily or permanently, art. 95, n.4 shall be applied, if possible.
Whenever, for medical reasons, a worker cannot perform a certain work, the employee should tranfer him/her to another work adequate to his/her health conditions.
General Labour Act §100(3); 95(4)
Special categories
Special categories
Young workers
Young workers under the age of 16 cannot perform work between 20h of a day untill 07h of the next day and cannot be included in rotating shifts.
Young workers aged 16 or more can only work in the above mentioned period if the performance of the work is indispensable for their professional formation and has been already authorized by the labour inspectorate.
General Labour Act §287(4)(5)
Pregnant workers/recent birth
Pregnant workers cannot perform night work, nor can the General Labour Inspection authorize it (regarding the cases in which it can be authorized established in Art. 271, n.2, Labour Code).
General Labour Act §272(1)c)
Disabled workers
Workers with a reduced work capacity may not perform night work.
General Labour Act §292.3
Women
Night work by women in Industrial facilities has to be authorized by the Labour Inspectorate.
General Labour Act §271.1(b)
SHIFT WORK
Criteria for shift work
Shift work can be introduced if the daily running time of the enterprise exceeds the ordinary limits of the working day, according to art. 96, n.3. In this case, the employer shall organise different teams of workers which will succed each other during the work time in order to complete the work.
Shifts can be either fix or rotative.
General Labour Act §112(1)(2)
Limits
Daily hours limit
The daily work period of shift workers cannot exceed the maximum limit established for regular work, that is 8 hours.
General Labour Act §113(1)
Weekly limit
44 hours or 56 hours when by the nature of the activity it is not possible to respect the general limit (on average over a reference period of not more than 3 weeks).
General Labour Act §113(3)
Daily rest period
In the case of shift work the rest breaks shall be of 30 minutes (rest and meals) in case of rotation shifts.
General Labour Act §113(2)
Weekly rest period
In the case of shift work, this shall be organised in order for every worker to be able to enjoy at least one full day of weekly rest period.
General Labour Act §126(4)
FLEXITIME
Criteria
Flexitime may be introduced for workers whose activity is not directly and immediately related with other worker’s activity. The worker has to be in the workplace at least two hours during the morning and two hours during the afternoon.
General Labour Act §118
Limits
Daily hours limit
Up to 9 hours of work within the period as established in the employment contract, at least 2 of which must be performed in the morning and 2 in the afternoon. 8 hours must be averaged over a 4-week period.
General Labour Act §96(3)(a), 118
Weekly limit
The weekly limit should follow the established in art. 96, n.1, a), that is 44 Hours in a 5-day week. This should be averaged over a 4-week period.
General Labour Act §96, 118
CASUAL WORK
General provisions
Casual Workers are excluded from the scope of the General Labour Act.
General Labour Act §2
RIGHT TO CHANGE WORKING HOURS
Type of changes permitted
Employers are required to facilitate the access of women and disabled workers to part-time work. The worker may only be transferred to a less well-paid position in limited circumstances.
General Labour Act §77-78, 270, 292.3
Reasons for request
General
Two workers shall by common agreement and authorized by the employer decide to change functions. This change must be written and signed by both workers and the employer.
General Labour Act §79(1)
Medical reasons
A worker may request a temporary or permanent change of job on medical grounds or for very serious reasons.
General Labour Act §77
Procedure
Medical reasons
The worker can only be transfered (permantily) to another function with a lower wage in the following situations: a) Extinction of the work he/she was performing; b)Physical or mental impairment due to an accident or any other cause; c)By request of the worker, for serious reasons.
General Labour Act §78(1)
Right to return to prior working time
Once the conditions that determined the change of functions by an employee are over, he shall return to his prior function.
However, if the temporary transfer lasts more than 10 months in a one year period, or 15 months in a two year period, the owrker has the right to maintain his/her new work and be officialy transfered to the new function. Unless the transfer was made because the employee who should perform the work was unable to do so during the time of the replacement.
General Labour Act §76(5)(3)
Refusal to transfer
The worker has the right to refuse the transfer for cause. For that he must present his written refusal to the General Labour Inspectorate. However while the decision has not been given the employee must follow the transfer order.
The General Labour Inspectorate, once considered the reasons invocated by the worker and by the employer, shall decide within 10 days and its decision shall be immediatly executed, if it determines the return of the worker to its old functions.
General Labour Act §81(6)(7)
INFORMATION & CONSULTATION
Information
The work schedule shall be written in a proper map and shall inform not only the beggining and the end of work, the rest breaks and weekly rest period, but also the operating hours of the workplace.
A copy of the schedule must be fixed, 15 days before its entry into force, in a visible and central place in the workplace, so the workers covered by it can identify and see it.
General Labour Act §123(1)(2)
Consultation
The internal rules shall be elaborated by the employer taking into account legal provisions and applicable conventions and then presented to the workers representative body, which shall comment on the refered document within 15 days, if it deals with matters mentioned in art.66, n.1.
Whenever the internal rules or other modalities of rules indicated in art. 64 deal with performance of work and discipline, system of remuneration, security or hygiene in the workplace, it must be approved by the General Labour Inspectorate. The request of approval by the so mentioned body of the rules must be within 30 days before its entry into force.
General Labour Act §65(1);66(1)
Results generated on: 20th April 2024 at 02:45:06.
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.
