“Employee” means any person who works with an employer under a contract of service in any capacity whether such contract is expressed or implied, oral or in writing.
The Protection of Employment Act Art.2
Employer
"Employer" means any person who employs or on whose behalf any other person employs any employee and includes a body of employers (whether such body is a firm, company, statutory corporation or trade union) or any person who on behalf of any other person employs any employee but does not include any person acting as agent for a disclosed principal.
The Protection of Employment Act Art.2
Overtime/overtime work
Any hours worked in excess of 40 hours per week or in excess of 8 hours per day shall be deemed to be overtime.
Order No. 35 of 2008 Art.3
NORMAL HOURS LIMITS
Daily hours limit
General limit
The general limit of working hours is fixed in 8 hours per day.
Order No. 35 of 2008 Art.3
Weekly hours limit
General limit
The general limit of working hours is fixed in 40 hours per week.
Order No. 35 of 2008 Art.3
OVERTIME WORK
Criteria for overtime
General
Any hours worked in excess of 40 hours per week or in excess of 8 hours per day shall be deemed to be overtime
Order No. 35 of 2008 Art.3
Compensation for overtime work
Overtime rate(s)
Workers shall be entitled to be compensated at a rate of time and a half in respect of the excess hours worked on a normal day, and to be compensated at a double rate for the hours worked in excess on a rest day or in a public holiday.
Order No. 35 of 2008 Art.3.1(a)(b)
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Qualifying period
In order to be entitled to annual leave, the worker shall have performed at least one year of employment.
However, for the avoidance of doubt, the following formula according to the type of engagement is hereby prescribed;
- Workers (other than agricultural workers) employed on a hourly, daily or piece-work basis, shall become entitled to 14 days of annual leave after working for an aggregate of at least one hundred and fiftyfour days during a period of twelve months. To this respect, such workers shall enjoy an annual leave at the rate of one day’s holiday for every eleven days during which such workers have been actually employed, up to a maximum of fourteen days paid holiday.
- Workers (other than agricultural workers) employed on a weekly, fortnightly, monthly or yearly basis, shall become entitled to 14 days annual leave after working for an aggregate of at least two hundred and thirty-eight days during a period of twelve months; such works shall accordingly receive an annual paid holiday at the rate of one day’s holiday for every seventeen days during which such workers have been actually employed, up to a maximum of fourteen days paid holiday.
The Holidays with pay Act Art.3(1), 4(4 b.c.)
Duration
» General
Every worker shall be entitled to a paid annual leave of not less than 14 days, after one year of employment.
Sundays and public holidays shall not be included in the annual leave period and so this period shall be increased by one day for each Sunday or public holiday occurring therein.
The Holidays with pay Act Art.3(1)(10)
Payment
» Amount
Every worker is entitled to enjoy the annual leave period with pay, calculated by multiplying his average earnings in respect of the period of employment to which such holiday relates by the number of days holiday to which the worker is entitled.
The Holidays with pay Act Art.4(1)
» Date of payment
Every worker shall be entitled to get paid the amount corresponding to his annual leave not later than the day immediately preceding the commencement of such leave.
The Holidays with pay Act Art.4(2)
Schedule and splitting
The annual paid holiday shall be given and taken in one period or, where the employer and worker so agree, in two periods and not otherwise, every such agreement shall be in writing signed by both employer and worker.
Where the employer and worker so agree, the annual paid holiday or either of such separate periods may be taken wholly or partly in advance before the worker has become entitled to such paid holiday.
The annual paid holiday shall be given before the expiration of three months after the date upon which the right to such paid holiday has accrued. Nonetheless, upon the consent in writing of the Labour Commissioner, this period may be further postponed for a period to be specified where he is of the opinion that circumstances render such postponement necessary or desirable.
According to the aforementioned, the employer shall decide upon the date on which the annual paid holiday shall commence and shall give to him not less than 7 days notice of such date, provided that such notice may be waived by mutual consent in writing.
Under written agreement between the employer and the worker the annual paid holiday may be accumulated up to a maximum of twenty-eight days.
The Holidays with pay Act Art.3(5)(6)(7)(8), 7(1)
Results generated on: 20th April 2024 at 04:40:08.
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