Remarks: The Act does not apply to individuals covered by the specific legislation on the public service, the judicial and legal service, national security and the prison administration. Labour Code § 1
LEGAL DEFINITIONS
Employee/worker
Worker shall mean any person, irrespective of sex or nationality, who has undertaken to place his services in return for remuneration, under the direction and control of another person, whether an individual or a public or private corporation, but it does not include staff in the public service, the judicial service , the national security, the prison administration and auxiliary staff.
Labour Code §1(2)
Night work(er)
Every work performed between 22h and 06h shall be considered as night work.
Labour Code §81
Young worker
A child is a person below the age of 14 years. A young person is a person below the age of 18 years.
Labour Code §86(1)
NORMAL HOURS LIMITS
Daily hours limit
General limit
No statutory daily hours limit.
Historical data (year indicates year of data collection)
2009: No statutory daily hours limit.
Exceptions
The daily hours can be extended for preparatory works or for technical reasons, for example in the following professions: engineers, electricians, drivers and distributors.
Decree on Deviations of Legal Working Hours §4
Weekly hours limit
General limit
In every non-agricultural establishment, public or private, the duration of work cannot exceed 40 hours per week.
Labour Code §80(1)
Historical data (year indicates year of data collection)
2009: 40 hours.
2007: 40 hours
1995: 40 hours.
Exceptions
In certain occupations, a higher number of hours are established as equivalent to 40 hours, e.g. for guards, surveillance staff and fire-fighting staff 56 hours, for medical staff (45 hours); in retail (45 hours). Under no circumstances may a duration of 60 hours be exceeded.
Decree on Deviations of Legal Working Hours §3
Special categories
» Domestic work
The equivalences forseen in article 2 are established as follows:
3) 54 hours equivalent to 40 hours of effective work per week: b) domestic workers and house maids.
Decree on Deviations of Legal Working Hours §3(3)b)
OVERTIME WORK
Criteria for overtime
General
Overtime may occur on a temporary basis for work necessary due to exceptional or seasonal overload of work; the impossibility of finishing work within a fixed delay, and when recruitment of extra staff is not possible.
The employer can only require the staff to perform overtime work, if s/he is unable to recruit supplementary workers in virtue of: - the qualification and nature of the work to be performed; - organisation of the work posts in her/his establishment.
In case of urgent work or force majeure in non-working days, the employer can require the performance of overtime work, conditioned to the regularization by the labour inspector from the first working day after the referred period.
Up to 20 hours of overtime per week (Regular weekly working hours is 40 hours and weekly working hours can not go beyond 60 hours per week).
Decree on Deviations of Legal Working Hours §9, 10(3)(4)
Limits on overtime hours
General limits
Up to 20 hours of overtime per week (Regular weekly working hours is 40 hours and weekly working hours can not go beyond 60 hours per week).
Decree on Deviations of Legal Working Hours §10(4)
Historical data (year indicates year of data collection)
2009: No explicit overtime limit.
Up to 20 hours of overtime per week (Regular weekly working hours is 40 hours and weekly working hours can not go beyond 60 hours per week).
2007: 20 hours per week
1995: n.a.
Restrictions/exceptions
No overtime shall be authorized on public holidays.
Act Regulating Public Holidays in the United Kingdom of Cameroon §8(2)
Compensation for overtime work
Overtime rate(s)
The overtime work performed according to the present decree entitle the worker to compensation as follows:
a) overtime during the day: - 8 first hours: 20% of the hourly salary; - following 8 hours: 30% of the hourly salary; - for the third installment of hours, up to 20 hours per week: 40% of the hourly salary; - for overtime work performed on sundays: 40% of the hourly salary.
b) overtime during the night: - 50% of the hourly salary.
c) overtime performed according to the circumstance forseen in art. 10(3): - 50% of the hourly salary.
Decree on Deviations of Legal Working Hours §12
Historical data (year indicates year of data collection)
Historical data (year indicates year of data collection)
2009: No statutory provisions on rest breaks.
1995: No legal provision.
Daily rest periods
Duration
No statutory provisions on daily rest periods.
Historical data (year indicates year of data collection)
2009: No statutory provisions on daily rest periods.
1995: No legal provision.
Special categories
» Young workers
The daily rest period of women and young workers shall be of at least 12 consecutive hours.
Labour Code §82(1)
» Women
The daily rest period of women and young workers shall be of at least 12 consecutive hours.
Labour Code §82(1)
Weekly rest periods
Duration
» General
The weekly rest period is compulsory. It shall be of at least 24 consecutive hours per week. It shall take place, in principle, on Sundays and cannot be replaced by a compensatory indemnity.
Labour Code §88(1)
Historical data (year indicates year of data collection)
1995: 24 consecutive hours.
Day specified
» General
The weekly rest period is compulsory. It shall be of at least 24 consecutive hours per week. It shall take place, in principle, on Sundays and cannot be replaced by a compensatory indemnity.
Labour Code §88(1)
Work on weekly rest day
» Compensation (for working on a rest day)
The weekly rest period is compulsory. It shall be of at least 24 consecutive hours per week. It shall take place, in principle, on Sundays and cannot be replaced by a compensatory indemnity.
Labour Code §88(1)
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Qualifying period
The right to annual leave is acquired after one year of effective service.
Labour Code §92(1)
Duration
» General
Unless there are more favourable in collective agreements or employment contracts, the worker acquires the right to annual leave at the rate of one and a half days per month of effective service, paid by the employer.
Labour Code §89(1)
Historical data (year indicates year of data collection)
2009: 1.5 days for every month of service.
2007: 1.5 days per month of service, except for more favourable conditions granted in collective or individual labour agreements. Annual leave is increased to 2 days per month after 5 years of service.
1995: 1,5 working days per month of work.
» Exceptions
Employees and employers can agree on more favourable duration of paid leave in a collective or an individual agreements. Annual leave is increased, taking into account seniority in the company, at the rate of 2 working days per integral period, continuous or not, of 5 years of service. In the case of mothers, this increase cummulates with that forseen in the preceeding paragraph. Compensation instead of leave is only possible when the contract is terminated before the worker has exercised his right to leave. In all other cases payment of compensation in lieu of leave is prohibited.
Labour Code §89(1), 90(3), 92(4)(5)
Payment
» Amount
The employer must pay to the worker, at the latest the day before the start of the leave, an allowance of which modalities of calculation are established by decree after consultation with the National Consultative Comission of Labour.
Labour Code §93
» Date of payment
The employer must pay to the worker, at the latest the day before the start of the leave, an allowance of which modalities of calculation are established by decree after consultation with the National Consultative Comission of Labour.
Labour Code §93
Schedule and splitting
The leave of over 12 working days can be divided upon agreement of the employee and the employer. In this case, one of the fractions shall be of at least 12 consecutive days.
Labour Code §90(4)
Special categories
» Young workers
For workers under 18 years of age, 2.5 days per month of service.
Labour Code § 90
» Pregnant workers/recent birth
For mothers, the leave shall be increased by either 2 working days for each child under six years of age or by one day if the mothers accrued leave does not exceed six days.
Labour Code § 90
PUBLIC HOLIDAYS
Number and dates
10 days
1 January (New Year`s Day) 11 February (Youth Day) 1 May (Labour Day) 20 May (National Day) When a civil holiday falls on a Sunday the following day shall be deemed to be a public holiday.
Religious Holidays: Ascension Good Friday Assumption (15 August) Christmas Day (25 December) End of Ramadan Id-el-Kebir If a religious holiday falls on a Sunday or public holiday the President may by Order declare the following day a public holiday.
Act Regulating Public Holidays in the United Kingdom of Cameroon §2, 3
Work on Public Holidays
» Criteria
Subject to the provisions of Sections 6 and 8, abstention from work shall be compulsory for all workers on all civil holidays. It shall not be compulsory on religious holidays for workers over eighteen years of age.
Domestic servants, and those establishments or services whose activities cannot be interrupted and enterprises that function 24 hours a days, appearing on a list up for this purpose by the Government, shall be exempted from the rules on abstention from work laid down in 5 above.
Act Regulating Public Holidays in the United Kingdom of Cameroon §5, 6
» Compensation
A worker who performs his/her activities on a civil or religious holiday by virtue of the provisions of Sections 5(2) and 6 of this Law, shall, in addition to the salary for work actually done, receive an indemnity equal to the amount of the said salary.
Act Regulating Public Holidays in the United Kingdom of Cameroon §8(1)
EMERGENCY FAMILY LEAVE
To the limit of 10 days per year, exceptional paid leave may be granted to the workers by virtue of family events or matters of his/her own household.
Labour Code §89(4)
NIGHT WORK
Criteria for night work
Every work performed between 22h and 06h shall be considered as night work.
Labour Code §81
Special categories
Young workers
Women and young workers shall have at least 12 hours of consecutive daily rest period. Night work for women and children is forbidden in industries.
Labour Code §82(1)(2)
Women
Women and young workers shall have at least 12 hours of consecutive daily rest period.
Night work for women and children is forbidden in industries.
This prohibition does not apply to: a) Women occupying management positions; b) Women occupying in services not implicated in manual work.
Labour Code §82(1)(2)(3)
Madagascar - Working time - 2011
LAST UPDATE
06 May 2011.
Remarks: Article 1 from the Labour Code states that it shall apply to all employers and workers having established an employement contract in Madagascar. No exclusions are made.
SOURCES
Name of Act
Decree No.2006-002 Fixing the Annual List of Holidays, dated 3 January 2006, Official Gazette 13 March 2006, p. 1730
Name of Act
Decree No. 2007-007 of 9 January 2007 Regarding Night Work
Name of Act
Labour Code, Act No. 2003-044 to Enact the Labour Code, dated 10 June 2004
Remarks: The Act applies to every employer and employee with a working contract that is executed in Madagascar. Labour Code § 1
Name of Act
Decree No. 68-172 of 18 April 1968 to Regulate Overtime and Determine Wage Increases for Work Performed at Night, on Sundays and on Public Holidays
LEGAL DEFINITIONS
Employee/worker
An employee is a person no matter of the sex or nationality, who puts the professional activity under the authority of another physical or legal public or private person to earn money.
Labour Code § 2
Employer
An employer is every physical or legal person, public or private who engages, remunerates and directs the personnel.
Labour Code § 3
Part-time work(er)
Working time shorter than the legal standard weekly working hours.
Labour Code § 45
Night work(er)
Work performed between 10:00 and 05:00
Labour Code § 83
Domestic worker
A domestic worker is a worker who conducs work in line with the instructions of the employer at the place of the employer. The same legal provisions apply domestic workers like to other employees.
Labour Code §§ 47, 49
Young worker
A minor under 15 years of age shall not work. In any case to be entitled to work, a minor must take a medical examination and have ceased to be of compulsory school age.
Labour Code §§ 100, 103
NORMAL HOURS LIMITS
Daily hours limit
General limit
(No general statutory daily hours limit.)
Special categories
» Young workers
Children and apprentices under 18 years age cannot work more than 8 hours daily.
Labour Code § 101
Weekly hours limit
General limit
The maximum working hours of employees or workers, of any sex, of anx age, working by time, task or piece, cannot exceed 173,22 hous per month.
Labour Code §75
Historical data (year indicates year of data collection)
2007: 173.33 hours per month
Special categories
» Young workers
40 hours for workers under 18 years.
Labour Code § 101
» Agricultural workers
In the farming sector a yearly limit of 2,200 hours is established.
Labour Code § 75
OVERTIME WORK
Criteria for overtime
General
Overtime hours of work are those worked in excess of the monthly or annual working hours limit. A subsequent Decree will determine under which conditions and to which extend, in some occupational activities, the presence in the working place may be considered as equivalent to an effective working time.
Labour Code §§78, 79
Limits on overtime hours
General limits
Will be determined by subsequent Decrees, according to sector of activity and of occupational category. However a collective agreement may divert from the statutory regulations to the advantage of the worker.
Labour Code § 76
Historical data (year indicates year of data collection)
2007: Will be determined by subsequent Decrees, according to sector of activity and of occupational category. However a collective agreement may divert from the statutory regulations to the advantage of the worker.
Compensation for overtime work
Overtime rate(s)
For the first 8 overtime hours: 30 per cent premium rate; and for the following overtime hours: 50 per cent premium rate.
Decree Regulating Overtime § 2
Historical data (year indicates year of data collection)
2007: For the first 8 overtime hours: 30 per cent premium rate; and for the following overtime hours: 50 per cent premium rate.
Special categories
Night work
The remuneration of night work, work in weekly rest periods (sundays) and holidays shall be increased in accordance with the following rate:
a) Regular night work: 30% of the salary of the same work performed during the day; b) Occasional night work: 50% of the salary; c) Work on weekly rest period: 40% of the salary; d) Work on New Year’s day (01/01), 29th March, Easter monday, Pentecost monday, the Ascension Day, 26th June (Independence day), 15th August (Assumption), 1st November (Toussaint), 25th December (Christmas): 50% of the salary.
Decree Regulating Overtime §3
Young workers
Young workers aged 18, may exceptionally work overtime, i.e., more than 8 hours daily or 40 hours weekly, after asssessment by Labour Inspector.
Labour Code § 95
REST PERIODS
Rest breaks
General provisions
Rest breaks are negociated between workers and employers.
Labour Code § 79
Historical data (year indicates year of data collection)
2007: Rest breaks are to be agreed upon by individual workers and employers.
Special categories
» Pregnant workers/recent birth
Women are entitled to breastfeeding pauses up to 1 hour daily, during 15 months following childbirth.
Labour Code § 98
Daily rest periods
Duration
(No general statutory provisions on daily rest.)
Special categories
» Young workers
Daily rest of children consist of a minimum of 12 consecutive hours.
Labour Code § 85
» Women
Daily rest of women must consist of a minimum of 12 consecutive hours.
Labour Code § 85
Weekly rest periods
Duration
The weekly rest period shall be of at least 24 consecutive hours and should take place, in principle, sundays.
Labour Code §80(1)
Day specified
The weekly rest period shall be of at least 24 consecutive hours and should take place, in principle, sundays
Labour Code §80(1)
Work on weekly rest day
A decree issued, after consulting the National Labour Council, shall determine for each professional category the compensation for work in weekly rest periods and holidays, whenever it happens.
The remuneration of night work, work in weekly rest periods (sundays) and holidays shall be increased in accordance with the following rate:
a) Regular night work: 30% of the salary of the same work performed during the day; b) Occasional night work: 50% of the salary; c) Work on weekly rest period: 40% of the salary; d) Work on New Year’s day (01/01), 29th March, Easter monday, Pentecost monday, the Ascension Day, 26th June (Independence day), 15th August (Assumption), 1st November (Toussaint), 25th December (Christmas): 50% of the salary.
Labour Code §82 Decree Regulating Overtime §3
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Qualifying period
Right to annual leave starts after 12 months of work.
Labour Code § 88
Duration
» General
Unless there are more favourable conditions established in a collective agreement or individual labour contract, the worker is entitled to leave paid by the employer, at 2,5 days per month.
Labour Code §86(1)
Historical data (year indicates year of data collection)
2007: 30 days (two and a half days per month)
» Exceptions
Collective or individual agreements may grant more favourable annual leave conditions than provided for by law.
Labour Code § 86
Payment
» Amount
Allowances at least equal to one 1/12th of the salary and different elements of remuneration which the worker earned over the last 12 months preceding the leave period.
Labour Code § 89
» Date of payment
Before leave departure unless otherwise provided for by written agreement between the employer and the worker.
Labour Code § 89
Schedule and splitting
Employer and employee must agree about the annual leave period. Annual leave can be cumulated over a period of three years. Only leave periods exceeding 2 weeks may be fragmented. The first fraction of a 2 weeks leave must be taken within a 3 months period after the qualifying work period of 12 months. The second fraction shall be taken up either during the calendar year or accrued over a 3 year-period.
Labour Code § 88
PUBLIC HOLIDAYS
Public holidays are paid. 13 Public holidays. Workers may not work on public holidays except in listed sectors where by nature the job cannot be interrupted, such as hospitals, transport enterprises, electricity and water supply.
Labour Code §81 Decree Regulating Overtime §3
Number and dates
13 days. 1 January New Year’s Day. 8 March International Womens`Day. Easter Sunday and Easter Monday. 29 March Commemoration of the 1947 Rebellion. 1 May Labour Day. Ascension Day. Pentecoste and Monday of Pentecoste 26 June Independence Day. Assumption Day. 1 November All Saints’ Day. 25 December Christmas Day.
Decree Regarding Public Holidays §3
PART-TIME WORK
General provisions
Working time shorter than the legal standard weekly working hours.
Labour Code § 45
NIGHT WORK
Night work is the work performed between 22.00 and 05.00.
Labour Code § 83
Compensation
Work at night gives the right for a salary increase.
The remuneration of night work, work in weekly rest periods (sundays) and holidays shall be increased in accordance with the following rate:
a) Regular night work: 30% of the salary of the same work performed during the day; b) Occasional night work: 50% of the salary; c) Work on weekly rest period: 40% of the salary; d) Work on New Year’s day (01/01), 29th March, Easter monday, Pentecost monday, the Ascension Day, 26th June (Independence day), 15th August (Assumption), 1st November (Toussaint), 25th December (Christmas): 50% of the salary.
Labour Code §83 Decree Regulating Overtime §3
Workers' health
The employer is obliged to grant the worker shuttle service and an adequate safety and health environment.
Labour Code § 84
Special categories
Young workers
Young workers under 18 years of age may not perform night work.
Labour Code § 101
Pregnant workers/recent birth
Pregnant workers may not perform night work.
Labour Code § 85
Women
It is prohibited to employ women in night work in factories, manufactures, mines and quarries, and building sites.
Labour Code § 85
SHORT-TIME WORK/WORK-SHARING
General provisions
No relevant provisions identified.
Results generated on: 19th April 2024 at 18:28:24.
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