Labour Code (Codificacion del Codigo del Trabajo) of 30 June 1978, as amended up, to Act 2006-40 of 26 April 2006 (Registro Oficial, 2006-04-27, núm. 259, págs. 2-4).
Remarks: Remarks: The scope of application of the Labour Code is all labour relations between employers and employees, in all modalities and conditions of work. Art. 1
Name of Act
Law No. 90, on Textile Industry sector, part time work and Labour Code amendments (Ley núm. 90, de 24 de julio de 1990, de régimen de maquila, de contratación laboral a tiempo parcial y de reformas al Código del Trabajo, a la ley de la Corporación Financiera Nacional, a la ley de compañías financieras, a la ley de consultoría, a la ley orgánica de Aduanas, a la ley de creación del sistema de garantía crediticia y a la ley orgánica del Servicio Exterior), of 24 July 1990.
The period during which the employee is at the disposal of his or her superiors or his employer and under their orders.
Labour Code Art.61
Employee/worker
Worker shall mean any person who renders services or executes work.
Labour Code Art.9
Employer
Employer shall mean any person or any entity, of any kind, for whom work is executed or a service is rendered.
Labour Code Art.10
Part-time work(er)
Part time work shall mean the work performed during the days which falls on Saturdays, Sundays or public holidays days, whether on part time or full time hours of work.
Law No. 90 Art.54
Night work(er)
Night work is the work performed in the interval between 7 p.m. and 6 a.m. of the following day.
Labour Code Art.49
Domestic worker
Domestic worker is the worker who renders services with no economic profit for a household and in exchange of remuneration.
Labour Code Art.262
Young worker
Young worker is the worker who has not yet attained the age of 18 and who has at least 15.
Labour Code Art.134
NORMAL HOURS LIMITS
Daily hours limit
General limit
The hours of work shall not exceed 8 per day.
Labour Code Art.47
Historical data (year indicates year of data collection)
2009: 8 hours
2007: 8 hours
Exceptions
Work performed underground may be performed up to a maximum of 6 hours per day. Sectoral commissions can determine industries in which a limit of less than 8 hours will apply.
Labour Code Art.47,48
Special categories
» Night work
The legislation provides the same limitation of working hours for night work as for the work perform during daytime. Therefore, the maximum number of hours that a night worker may perform is 8 per day.
Labour Code Art.49
» Young workers
Daily working hours for young workers may not exceed 6 hours and shall be scheduled in a manner not hindering the access to education.
Labour Code Art.136
Weekly hours limit
General limit
The hours of work shall not exceed 40 per week.
Labour Code Art.47
Historical data (year indicates year of data collection)
2009: 40 hours
2007: 40 hours
1995: 40 hours.
Reference period(s)
The workweek shall not exceed 5 days in any week.
Labour Code Art.50
Special categories
» Young workers
Weekly working hours for young workers may not exceed 30 hours and shall be scheduled in a manner not hindering the access to education.
Labour Code Art.136
OVERTIME WORK
Criteria for overtime
General
Overtime work is the work performed exceeding the limit of 8 hours per day, as long as it is authorised by the labour inspector.
Labour Code Art.55
Limits on overtime hours
General limits
Overtime working hours shall not exceed 4 hours per day and 12 hours per week.
Labour Code Art.55(1)
Historical data (year indicates year of data collection)
2009: 4 hours per day and 12 hours per week.
2007: 4 hours per day and 12 hours per week
1995: 4 hours per day.
Compensation for overtime work
Overtime rate(s)
If overtime work is performed during daytime or until 12 pm, these hours shall be remunerated with a 50% increase, and if overtime is performed during night hours, which means between 12 pm and 6 am, or on Saturday or Sunday, with a 100% increase.
Labour Code Art.55
Historical data (year indicates year of data collection)
2009: 50% increase (day hours, until 12 pm)
100% increase (night hours 12pm until 6 am)
100% increase (Saturday or Sunday)
1995: 50% premium. (100% for night work and for work on Saturdays and Sundays.)
Exceptions
Certain workers who take functions of trust and direction, like workers who represent the employer, travelling agents ( insurance agents and buyers and sellers agents) and security workers are not entitled to be paid at the overtime rate (provided that there is a written agreement with the competent authority to establish the particular requirements and nature of the work). Piece Work- Work Units completed beyond the 8 hour daily limit on normal hours are to be paid at the overtime rates.
Labour Code Art.22(2), 58
SCHEDULES
Relevant provisions on schedules have not been identified.
REST PERIODS
Rest breaks
General provisions
The daily hours of work may be divided in two parts, with a break of up to two hours after the first 4 hours of work.
Labour Code Art.57
Historical data (year indicates year of data collection)
2009: The ordinary working day can be broken up into two periods with a rest break of a maximum of 2 hours after the first four hours of work.
2007: The ordinary working day can be broken up into two periods with a rest break of a maximum of 2 hours after the first four hours of work.
1995: No legal provision.
Exceptions
In case of overtime work, the two periods of the working day cannot exceed 5 hours each.
Labour Code Art.57
Daily rest periods
Relevant provisions on daily rest periods have not been identified.
Weekly rest periods
Duration
» General
The weekly rest days shall have a duration of 48 consecutive hours.
Labour Code Art.51
Historical data (year indicates year of data collection)
2009: 2 days
2007: 2 days
1995: 2 days compulsory rest (at least 42 consecutive houur)
Day specified
» General
Saturday and Sunday are the weekly rest days.
Labour Code Art.50
» Exceptions
If in view of the circumstances, work may not be interrupted in those days, another period of the same length shall be fixed by agreement between the employee and the employer.
Labour Code Art.50
Work on weekly rest day
» Criteria
Work during weekly rest can only be performed in emergency situations like the need to prevent serious harm to the establishment or operation threatened by an impending accident, and, in general, by accident or force majeure that requires urgent attention. In this situations approval by the labor inspector, is not needed but the employer is obliged to notify him within twenty-four hours since the danger or the accident occurs.
It can also be performed when by its nature, the work cannot be interrupted by technical reason or public interest.
Labour Code Art.52(1,2)
» Compensation (for working on a rest day)
Work performed on Saturday or Sunday must be paid at twice the ordinary rate.
Labour Code Art.55(4)
Special categories
» Young workers
Young workers cannot work on a saturday or sunday and days of compulsory rest.
Labour Code Art.150
» Domestic workers
Domestic workers are entitled to 1 day of rest after 2 weeks of service.
Labour Code Art.269
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Duration
» General
Every worker shall be entitled to enjoy 15 consecutive days of paid annual leave, including the non working days.
Labour Code Art.69
Historical data (year indicates year of data collection)
2009: Workers are entitled to 15 consecutive days of leave. Workers who have worked for more than five years in the same company or to the same employer, are entitled to enjoy an additional vacation day for each year worked or they will receive a remuneration.
2007: 15 days
1995: 15 days.
» Exceptions
Workers who have worked for more than five years in the same company or to the same employer, are entitled to enjoy an additional vacation day for each year worked or they may opt for receiving a remuneration in lieu. The additional days of annual leave due to for seniority, cannot exceed 15, unless otherwise provide by the parties through individual or collective agreement.
Labour Code Art.69
Payment
» Amount
The annual leave shall be remunerated with the normal rate of payment.
Labour Code Art.69
» Date of payment
The worker shall receive in advance the amount due to for annual leave.
Labour Code Art.69
Special categories
» Young workers
Young workers under 16 years old shall enjoy 20 days of annual leave and workers aged between 16 and 18, 18 days of annual leave.
Labour Code Art.69
» Domestic work
Domestic workers who have worked at least 1 year without interruption with the same employer are entitled to an annual leave of 15 days with full remuneration.
Labour Code Art.269
PUBLIC HOLIDAYS
Number and dates
Workers are entitled to enjoy 9 public holidays which are the following: 1st January, Good Friday, 1st May, 24th May, 10th August, 9th October, 2nd November, 3rd November, 25th December, and any other day provided for in special regulations for the different territories or sectors.
Labour Code Art.65
EMERGENCY FAMILY LEAVE
Every worker is entitled to a 3 days of paid leave in case of death of his spouse or his de facto partner or familiars within the second degree of consanguinity or affinity.
Labour Code Art.42(30)
PART-TIME WORK
General provisions
The legislation provides that part time work is the work performed during the days which falls on Saturdays, Sundays or public holidays days, whether on part time or full time hours of work.
The employer may only employ workers on part time contracts when the permanent staff are not willing to work on a Saturday, Sunday or public holiday day.
A worker may subscribe more than one contract of part time work, with different employers.
Law No. 90 Art.50,54,58
Limits
Weekly hours limit
Part time contracts may only be subscribed by workers who are not employed on the general system of 40 hours per week.
Law No. 90 Art.57
Overtime work
Part time workers may perform up to 4 hours over the normal hours of work, and these hours shall be paid at a rate of 50% extra payment.
Law No. 90 Art.53
Right to equal treatment
Right/scope
Part time workers shall enjoy the same rights and guarantees than full time workers, on a proportional basis to the effective time of work performed. The rights which by their nature can not be recognized in part will be given in full.
To this respect, part-time workers are paid a pro-rata basis at least the equivalent of the applicable minimum wage rate for full time workers.
Law No. 90 Art.51,52 Labour Code Art.82
NIGHT WORK
Criteria for night work
Night work is the work performed in the interval between 7 p.m. and 6 a.m. of the following day and may have the same duration as daily work.
Labour Code Art.49
Limits
Daily hours limit
The legislation provides the same limitation of working hours for night work as for the work perform during daytime. Therefore, the maximum number of hours that a night worker may perform is 8 per day.
Labour Code Art.49
Compensation
Night work shall be compensated with the normal remuneration with an increase of 25%.
Labour Code Art.49
Special categories
Young workers
Workers under 18 years old may not perform night work.
Labour Code Art.137
SHIFT WORK
Criteria for shift work
Where the weekly rest cannot be enjoyed by all the employees at the same time due to the nature of the undertaking, the work shall be scheduled in shifts.
Labour Code Art.51
Limits
Overtime work
Workers employed in transportation services may exceed the 8 hours limit of work per day if the work is scheduled in shifts.
Labour Code Art.325
ON-CALL WORK
Relevant provisions on on-call work have not been identified.
FLEXITIME
Relevant provisions on flexitime have not been identified.
CASUAL WORK
General provisions
Casual work is the work performed in the occasion of an extraordinary or emergent need, not linked to the normal activity of the employer and which duration shall not exceed 30 days per year.
Labour Code Art.17
SHORT-TIME WORK/WORK-SHARING
Relevant provisions on short time work have not been identified.
RIGHT TO CHANGE WORKING HOURS
Relevant provisions on right to change working hours have not been identified.
INFORMATION & CONSULTATION
Relevant provisions on information and consultation have not been identified.
Results generated on: 20th April 2024 at 05:37:21.
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