Remarks: The Labour Code does not apply to: civil servants, regulated by a specific statute; obligatory labour, performed according to international law and covenants; ocasional work, performed by friendship, benevolence, good will or in reciprocity to similar work; diplomatic or consular staff of another country; the work performed by the partner of the employer, or by his ascendent, descendent or siblings, whenever the work is performed in a family undertaking which occupies a maximum of 5 people, including the head of the household. This act shall apply in the last case, however, if an employment contract is argued, or if such contract can be deduced by the facts.
NORMAL HOURS LIMITS
Daily hours limit
General limit
The duration of work cannot exceed 8 hours per day or 48 hours per week, of daily work; If mixed, the duration of work cannot exceed 6 hours per day, and 36 hours per week.
Labour Code, 12/11/2002. §48(1)
Exceptions
Paragraph 1 (of art. 48) shall not apply to those occupying a direction post, or of entrusted by the employer, which may be performed in a discontinuous way or which require the sole presence; it shall also not apply to domestic workers, neither to those performing a work that by the specificity of its nature is not submitted to fixed working time. However, these workers shall not work for more than 12 hours per day, and shall have at least one hour of rest during the work time.
The employer and the employees may agree to establish half a day of rest period during the week, in which case an hour shall be added to the working time in the other days until the the maximum weekly working time limit is reached.
Labour Code, 12/11/2002. §48(4)(5)
Special categories
» Young workers
Young workers under the age of 18 may only work during the daytime period and their working time cannot exceed 6 hours per day. Their working time shall be divided, so they may be given an appropriate rest, take food and fulfill their school obligations. The labour authorities may, prior to consultation with professional organisations, when they exist, allow, exceptionally, workers under the age of 18 o participate in artistic representations during the night.
Labour Code, 12/11/2002. §48(7)
Weekly hours limit
General limit
The duration of work cannot exceed 8 hours per day, nor 48 hours per week, if daily work; If mixed, the duration of work cannot exceed 6 hours per day, and 36 hours per week.
Labour Code, 12/11/2002. §48(1)
Exceptions
Paragraph 1 (of art. 48) shall not apply to those occupying a direction post, or of entrusted by the employer, which may be performed in a discontinuous way or which require the sole presence; it shall also not apply to domestic workers, neither to those performing a work that by the specificity of its nature is not submitted to fixed working time. However, these workers shall not work for more than 12 hours per day, and shall have at least one hour of rest during the work time.
The employer and the employees may agree to establish half a day of rest period during the week, in which case an hour shall be added to the working time in the other days until the the maximum weekly working time limit is reached.
Labour Code, 12/11/2002. §48(4)(5)
Special categories
» Young workers
Young workers under the age of 18 may only work during the daytime period and their working time cannot exceed 6 hours per day. Their working time shall be divided, so they may be given an appropriate rest, take food and fulfill their school obligations. The labour authorities may, prior to consultation with professional organisations, when they exist, allow, exceptionally, workers under the age of 18 o participate in artistic representations during the night.
Labour Code, 12/11/2002. §48(7)
OVERTIME WORK
Criteria for overtime
General
Regular working time can be extended up to 2 hours per day, respecting a maximum of 200 hours per year, with the finality of performing preparatory or complementary work, which shall be accomplished outside the habitual working time, or to allow the employer to face extraordinary increase of work. Internal regulations of the company shall establish, in details, the range of such exceptions, prior to consultation with the professional organizations, when they exist. When performed for other reason, overtime work shall be considered voluntary.
Regular working time can also be extended, without regards to the limits established in paragraph 1, in cases of accidents in the facilites, or in cases of force majeure. However, the extension is allowed only to the indispensable to avoid a serious disturbance in the normal functioning of the company.
Labour Code, 12/11/2002. §49(1)(2)
Limits on overtime hours
General limits
Regular working time can be extended up to 2 hours per day, respecting a maximum of 200 hours per year, with the finality of performing preparatory or complementary work, which shall be accomplished outside the habitual working time, or to allow the employer to face extraordinary increase of work. Internal regulations of the company shall establish, in details, the range of such exceptions, prior to consultation with the professional organizations, when they exist. When performed for other reason, overtime work shall be considered voluntary.
Labour Code, 12/11/2002. §49(1)
Compensation for overtime work
Overtime rate(s)
Overtime work hours shall be paid an increase of 25% over the regular amount due for an hour of work performed during the day; and 50% over the regular amount when performed during the night, or when they constitute an extension of the mixed working time entering the night period.
Labour Code, 12/11/2002. §49(6)
Remarks: Overtime work during the night is forbidden, except in cases and activities duly justified and expressely authorized by the Labour Inspectorate. Labour Code §49(4)
It shall be considered day work that performed between 6 a.m. and 6 p.m.; night work that performed between 6 p.m. and 6 a.m.; mixed that inserted in the period of day work up to 3 hours during the night work period. If the work performed exceeds these 3 hours during the night work period, it shall be considered as night work. Labour Code §48(3)
Special categories
Night work
Overtime work during the night is forbidden, except in cases and activities duly justified and expressely authorized by the Labour Inspectorate.
Labour Code, 12/11/2002. §49(4)
Pregnant workers/recent birth
Pregnant workers cannot perform overtime work, nor perform inappropriate tasks or tasks harmful to her state.
Labour Code, 12/11/2002. §49(5)
SCHEDULES
General
Each employer shall let know, through posters fixed in a visible place in the facility or any other means previously approved by the the labour authorities, the work schedule, with the time works starts and the time work ends in a day. If the work is performed through rotating shifts, the schedule shall provide when work starts and ends for each team of workers. Besides that, it shall also indicate the day of weekly rest period, rest breaks, even those occurring during working time, but not considered as such. The posters or the other means of information of the work schedule shall be previously approved by the labour authorities.
Labour Code, 12/11/2002. §53
REST PERIODS
Rest breaks
General provisions
Workers are entitled to: a) One hour of rest break during work time per day, being that no worker can work more than 5 continuous hours. The Labour authority may authorize the reduction of the rest break to half an hour per day, taking into account the nature of the work performed and the convenience of antecipating the end of the work journey.
Labour Code, 12/11/2002. §50(a)
Daily rest periods
Duration
Workers are entitled to: b)Of 12 hours of daily rest period between the end of one working day and the beggining of the subsquent day.
Labour Code, 12/11/2002. §50(b)
Weekly rest periods
Duration
Workers are entitled to: c)If the worker has worked for at least 4 consecutive days in a week he is entitled to one uninterrupted day as weekly rest period to be taken whenever possible in the same day as all other workers and preferrebly on Sundays.
Labour Code, 12/11/2002. §50(c)
Day specified
Preferrebly to be taken on sundays.
Labour Code, 12/11/2002. §50(c)
Work on weekly rest day
» Criteria
Whenever a worker works on his/her weekly rest period, s/he shall be entitled to a compensatory rest period in the following week.
Workers shall be paid for holidays and weekly rest days whenever they have worked during the week. Every absence from work will give place to a deduction to the proportional part of the salary immediately subsequent.
Whenever the salary is variable, the remuneration mentioned in paragraph 1 shall be the average, for holidays, of the preceding 5 business days, and for the weekly rest day, the days of the respective week.
Labour Code, 12/11/2002. §51(2), §58(1)(2)
» Compensation (for working on a rest day)
S/he shall be given a compensatory day as rest period in the following week.
The worker who works during a weekly rest period or during a holiday shall be payed a minimum of 50% over the current salary for a working day, without prejudice to the right of the worker to another day of rest.
Labour Code, 12/11/2002. §51(2)(3)
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Qualifying period
The qualifying period for a worker to be entitled to one month of annual leave is one year of continous work.
Labour Code, 12/11/2002. §54(1)
Duration
» General
The worker is entitled to one month of paid annual leave, for each year of continuous work. After 10 years of service, annual leave shall be increased one day per year worked.
Labour Code, 12/11/2002. §54(1)
» Exceptions
After 10 years of service, annual leave shall be increased in the reason of one day per year worked.
Labour Code, 12/11/2002. §54(1)
Payment
» Amount
The amount paid to the worker for the annual leave shall correspond to the same amount S/He enjoys when taking the leave, including the equivalent amount in kind. Such remuneration shall be paid before the beggining of the leave.
In case of variable salary, the remuneration due for the annual leave shall be that of the average of the last three months salary before the date of the leave.
Labour Code, 12/11/2002. §59(1)(2)
» Date of payment
The remuneration due for the annual leave shall be paid before the beggining of the leave.
Labour Code, 12/11/2002. §59(1)
Schedule and splitting
The schedule for the enjoyment of the annual leave shall be decided in an agreement between the worker and employer. In the lack of such agreement, the Labour Delegate shall decide on the annual leave schedule.
Every agreement implying the abandon of the right of annual leave or the waiver of such leave is void. However, the Labour Delegate can authorize the fraction of the annual leave period, whenever the worker is able to enjoy at least 15 consecutive days of rest, and the rest of the leave in the following 15 months.
Labour Code, 12/11/2002. §54(3)(4)
Work during annual leave
Every agreement implying the abandon of the right of annual leave or the waiver of such leave is void. However, the Labour Delegate can authorize the fraction of the annual leave period, whenever the worker is able to enjoy at least 15 consecutive days of rest, and the rest of the leave in the following 15 months.
Labour Code, 12/11/2002. §54(4)
Remarks: There is no specific provision concerning work during annual leave. However, from the article above, we imply that it is not authorized for a worker to work during his/her annual leave. The only possibility granted is that of splitting the leave.
PUBLIC HOLIDAYS
Payment
Workers shall be paid for holidays and weekly rest days whenever they have worked during the week. Every absence from work will give place to a deduction to the proportional part of the salary immediately subsequent.
Whenever the salary is variable, the remuneration mentioned in paragraph 1 shall be the average, for holidays, of the preceding 5 business days, and for the weekly rest day, the days of the respective week.
Labour Code, 12/11/2002. §58(1)(2)
EMERGENCY FAMILY LEAVE
Every worker, prior to notice and justification, can be absent from work, without loss of remuneration, up to 3 days in case of illness; 15 days in case of marriage; 7 days in case of death of the partner, son/daughter, parents, grand-parents or siblings; and 2 days in case of changing houses. The worker shall also be entitled to paid leave in order to fullfil legal obligations, or obligations required by authorities. However, in those cases, the employer is not obliged to pay more than 2 days of leave per month, and never more than 15 days per year.
Labour Code, 12/11/2002. §52(1)
NIGHT WORK
Criteria for night work
It shall be considered day work that performed between 6 a.m. and 6 p.m.; night work that performed between 6 p.m. and 6 a.m.; mixed that inserted in the period of day work up to 3 hours during the night work period. If the work performed exceeds these 3 hours during the night work period, it shall be considered as night work.
Labour Code, 12/11/2002. §48(3)
Compensation
The period of six hours worked during the night and seven hours worked during a mixed period shall be payed as 8 gours of daytime work. This is to be taken into account when of the calculation of the statutory or conventional minimum wage, or of the wages payed by a company which performs work in different periods.
Labour Code, 12/11/2002. §48(9)
SHIFT WORK
Limits
Whenever workers are required to work in shifts, working time can be extended beyond the limits established in paragraph 1, as long as the average of hours of work, calculated in a 3 week basis, do not exceed eight hours per day and 48 hours per week.
Labour Code, 12/11/2002. §48(6)
Remarks: The duration of work cannot exceed 8 hours per day, nor 48 hours per week, if daily work; If mixed, the duration of work cannot exceed 6 hours per day, and 36 hours per week.
Labour Code §48(1)
Results generated on: 19th April 2024 at 22:28:53.
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