Labour Code - Act No. 213 establishing the Labour Code, dated 29 October 1993 (Gaceta Oficial No. 105 bis, 29 October 1993, pp. 1-30), as amended up to Law No. 3384/2007.
Remarks: The Labour Code applies to: - Workers performing an intellectual work (proffesionals), manual workers and technicians, and their employers. Teachers in private educational institutions and those engaged in the professional sport. - Labour Unions of workers and employers in the private sector. - Workers in State and Municipalities undertakings. - The rest of workers of the State whether from the central administration or from other decentralized entities. The Armed Forces and Police workers are excluded from the application of the Labour Code. Art.2
Name of Act
Act n° 1680/01 of 30 May 2001 enacting the Code on Childhood and Adolescence (Código de la Niñez y la Adolescencia) as amended up to Act n°1619 of 2003
Working time is the time the worker spends at the disposal of the employer. Rest periods are not included as part of the working time.
Labour Code Art.193, 200
Employee/worker
"Employee" shall mean any person that carries out work or renders material, intellectual or mixed services to another person according to a labour contact.
Labour Code Art.21
Employer
"Employer" shall mean any natural or legal person that profit from the services rendered by one or more workers according to a labour contract.
Labour Code Art.24
Night work(er)
Night work is the work carried out in the interval between 8 p.m. and 6 a.m. of the following day.
Labour Code Art.195
Domestic worker
Domestic worker is a male or female worker who regularly performs tasks like of cleaning and assistance in a household. To this respect domestic workers are considered the workers among others in the following occupations; household chauffeurs, carers, gardeners, cooks, babysitters, cleaners. These workers may live in or out of the household.
Labour Code Art.148
Young worker
Young worker is the worker who have at least 14 years old and has yet not attained the age of 18.
Code on Childhood and Adolescence Art.58
NORMAL HOURS LIMITS
Daily hours limit
General limit
The hours of work shall not exceed 8 per day when the work is perform during daytime.
Labour Code Art.194 Constitution of the Republic of Paraguay Art.91
Historical data (year indicates year of data collection)
2009: 8 hours per day, 7 hours and a half for those who perform night work.
2007: 8 hours
Exceptions
Work carried out in unhealthy workplaces, that poses risks to the worker¿s health, or that it is carried out in poor conditions or in continuous shifts, is subject to a limit of 6 hours per day. For the purpose of remuneration, these 6 hours are to be counted as 8 hours.
The 8 hour limit does not apply to certain groups, including: (1) managers, administrators and workers who are not subject to direct supervision; (2) workers whose presence alone is required ; (3) workers who do not work at the employer’s premises e.g. agents, workers on commission. (4) workers who by the nature of their work are not subject to the general working hours schedule, such as domestic and agricultural workers.
These workers cannot be required to work for more than 12 hours a day and are entitled to a rest break of one and a half hours.
Labour Code Art.198,180, 205
Special categories
» Night work
The hours of work shall not exceed 7 per day when the work is performed during night-time.
Labour Code Art.194
» Shift work
In establishments where the work is performed in continuous or alternative shifts, the hours of work that a worker may perform shall not exceed 6 hours per day.
Labour Code Art.198
» Young workers
Adolescent workers who have at least 14 years old and up to 16,shall not perform more than 4 hours per day. Workers between 16 and 18 years old shall not perform more than 6 hours per day and those young workers who are pursuing their studies shall not work for more than 4 hours per day.
Code on Childhood and Adolescence Art.58
» Agricultural workers
Generally the limit of hours that an agricultural worker may perform is fixed in 8 hours per day. However, this limit may be exceeded in extraordinary circumstances, provided the worker is paid overtime and in no case for more than 12 hours of work per day.
Labour Code Art.182
» Domestic work
Domestic work is not subject to the general working hours schedules. Therefore the general limitation of 8 hours of work per day does not apply. In no case a domestic worker may perform more than 12 consecutive hours of work.
Labour Code Art.205
Weekly hours limit
General limit
The hours of work shall not exceed 48 per week when the work is perform during daytime.
Constitution of the Republic of Paraguay Art.91 Labour Code Art.194
Historical data (year indicates year of data collection)
2009: 48 hours
2007: 48 hours
1995: 48 hours.
Exceptions
Work carried out in unhealthy workplaces, that poses risks to the worker¿s health, or that it is carried out in poor conditions or in continuous shifts, is subject to a limit of 36 hours per week.
The 48 hour limit does not apply to certain groups, including: (1) managers, administrators and workers who are not subject to direct supervision; (2) workers whose presence alone is required ; (3) workers who do not work at the employer¿s premises e.g. agents, workers on commission. (4) workers who by the nature of their work are not subject to the general working hours schedule, such as domestic and agricultural workers.
These workers cannot be required to work for more than 12 hours a day and are entitled to a rest break of one and a half hours.
Labour Code Art.198, 205
Special categories
» Night work
The hours of work shall not exceed 42 per day when the work is performed during night-time, and 45 hours when the work is performed during day and night-time.
Labour Code Art.194
» Shift work
In establishments where the work is performed in continuous or alternative shifts, the hours of work that a worker may perform shall not exceed 36 hours per week.
Labour Code Art.198
» Young workers
Adolescent workers who are at least 14 years old and up to 16, shall not perform more than 24 hours per week. Workers between 16 and 18 years old shall not perform more than 36 hours per week.
Code on Childhood and Adolescence Art.58
» Agricultural workers
Generally the limit of hours that an agricultural worker may perform is fixed in 48 hours per week. However, this limit may be exceeded in extraordinary circumstances, provided the worker is paid overtime and in no case for more than 12 hours of work per day.
Labour Code Art.182
» Domestic work
Domestic work is not subject to the general working hours schedules. Therefore the general limitation of 48 hours of work per week does not apply. In no case a domestic worker may perform more than 12 consecutive hours of work.
Labour Code Art.205d)
OVERTIME WORK
Criteria for overtime
General
Overtime shall only exceed the legal limits in case of force majeure, accidents or serious risk to the life of people or to the undertaking itself.
Labour Code §203
Limits on overtime hours
General limits
3 hours per day and 57 hours per week
Labour Code §201
Historical data (year indicates year of data collection)
2009: 3 hours per day and 57 hours per week
2007: 3 hours per day and 57 hours per week
1995: 3 hours per day. Maximum 57 per week, including overtime.
Compensation for overtime work
Overtime rate(s)
50% increase (day hours) 100% increase on night work rate (night hours)
Labour Code §234
Historical data (year indicates year of data collection)
2009: 50% increase (day hours)
100% increase on night work rate (night hours)
2007: 50% increase (day hours)
100% increase on night work rate (night hours)
1995: 50% premium. (100% for work at night or on public holidays.)
Special categories
Night work
Night work shall be paid with an additional 30% of the normal wage determined for day work. Overtime worked during the night will be paid with an additional 100% of the ordinary working hour performed at night.
Labour Code §234
Young workers
Young workers between 14 and 18 years of age shall not work overtime.
Labour Code §204
SCHEDULES
General
All undertakings, exploitations or establishments shall display in a conspicuous place a notice showing the starting and finishing hours of each worker or group of workers, and the rest periods.
Labour Code Art.206
REST PERIODS
Rest breaks
General provisions
The daily hours of work shall be divided at least in two parts with an interval for rest adequate to the working conditions and to the worker’s needs, and which shall not have a shorter duration than 30 minutes.
Labour Code Art.200
Historical data (year indicates year of data collection)
2009: All undertakings, exploitations or establishments shall display in a conspicuous place a notice showing the starting and finishing hours of each worker or group of workers, and the rest periods.
2009: At last 30 minutes.
2007: All undertakings, exploitations or establishments shall display in a conspicuous place a notice showing the starting and finishing hours of each worker or group of workers, and the rest periods.
2007: Working hours shall be distributed in at least two periods with a rest break that shall be at least half an hour long.
1995: 1,5 hours during the working day.
Special categories
» Agricultural workers
In no case agricultural workers may be obliged to work over 12 hours a day and without a rest period of an hour and a half during the working day.
Labour Code Art.205
» Domestic work
In no case domestic workers may be obliged to work over 12 hours a day and without a rest period of an hour and a half during the working day.
Labour Code Art.205
Daily rest periods
Duration
Workers shall enjoy at least 10 consecutive hours of rest between shifts.
Labour Code Art.212
Historical data (year indicates year of data collection)
2009: After the working day is over, workers shall be entitled to a daily rest of at least 10 consecutive hours.
2007: After the working day is over, workers shall be entitled to a daily rest of at least 10 consecutive hours.
1995: 10 hours.
Special categories
» Domestic work
Domestic workers living out of the household shall enjoy 12 consecutive hours of daily rest period and those living in the household 10 hours for sleeping and 2 for eating.
Labour Code Art.154a)
Weekly rest periods
Duration
» General
All workers shall enjoy one day of weekly rest which normally is Sunday.
Labour Code Art.213
Historical data (year indicates year of data collection)
2009: 1 day each week.
2007: 1 day
1995: 1 day.
» Exceptions
In order to enjoy the weekly rest from saturday noon, the parties may schedule the 48 weekly working hours in other manner than 8 hours per day. For this purpose, the additional daily hours do not count as overtime hours.
Labour Code Art.215
Day specified
» General
All workers shall enjoy one day of weekly rest which normally is Sunday.
Labour Code Art.213
» Exceptions
Exceptionally, if the worker works on a Sunday, he shall be entitled to enjoy a compensatory rest of 24 consecutive hours on any other day in the following weeks as agreed between the employer and the worker.
Labour Code Art.213
Work on weekly rest day
» Criteria
A worker must have to perform work in the following situations: work that by its nature (technical reasons, public interest is or interest to the company itself; repair and cleaning machinery, installations or industrial and commercial premises, which are indispensable in order to avoid interrupting the tasks of the week; work that is urgent due to imminent damage by accidents, force majeure or other circumstances which cannot be postponed.
Labour Code Art.213
» Compensation (for working on a rest day)
Exceptionally, if the worker works on a Sunday, he shall be entitled to enjoy a compensatory rest of 24 consecutive hours on any other day in the following weeks as agreed between the employer and the worker.
Labour Code Art.213
Special categories
» Young workers
Young workers are entitled to enjoy one rest day per week which shall be the Sunday.
Labour Code Art.120
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Qualifying period
All workers are entitled to enjoy a period of annual leave after one year of continuous service.
In works in which the tasks are not performed continuously during the year, the worker shall have performed a minimum of 180 days of work per year with the same employer to apply annual leave, and for piece-rate work, when the worker shall have earned at least 180 salaries. In these cases the duration of the annual leave shall be proportional to days of work performed.
Labour Code Art.218,219
Duration
» General
Every worker shall be entitled to a paid annual leave after a year of work within same employer that shall be at least: a) 12 consecutive working days for workers with less than 5 years of continuous service; b) 18 consecutive working days after 5 years and less than 10 years of continuous service; c) 30 consecutive days after 10 years of continuous service.
Labour Code Art.218
Historical data (year indicates year of data collection)
2009: Every worker shall be entitled to a paid annual leave after a year of work within same employer that shall be at least: a) 12 consecutive days for workers with less than 5 years of continuous service; b) 18 consecutive days after 5 years and less than 10 years of continuous service; c) 30 days after 10 years of continuous service.
1995: 12 consecutive days.
Payment
» Amount
The amount due to for annual leave shall be equivalent to the salary of the worker and in no case lower than the minimum wage rate.
Labour Code Art.220
» Date of payment
The payment of annual leave shall be done before starting the leave.
Labour Code Art.220
Schedule and splitting
The annual leave shall be scheduled by the employer, not later than 6 months from the date the worker is entitled to such leave and shall be provided officially or informally at the request of the employee, without causing a prejudice in the service or in the effectiveness of the rest, and for which it shall be established shifts if the employer does not want to close the establishment. The employer will inform in written to the employee indicating the dates of the commencement of such leave.
In the case the employer provides the annual leave after this date, the employer will pay to the employee the double of such remuneration.
Annual leave should start on Monday and if it is public holiday on the following day.
Labour Code Art.218,222,223
Work during annual leave
Workers shall enjoy without interruption their annual leave. However due to an urgent need of the undertaking, the employer may ask the employees to return to work. In that case the workers are entitled to return to their leave after finishing such urgency.
The costs of reinstatement to work and to the subsequent annual leave shall be assumed by the employer.
Labour Code Art.225
Special categories
» Domestic work
Domestic workers are entitled to enjoy an annual leave with the same duration as other categories of workers.
Labour Code Art.154 b)
PUBLIC HOLIDAYS
Any of the days fixed as holidays by law shall be compulsory rest days.
Labour Code Art.217
Work on Public Holidays
» Criteria
Workers under 18 years old are excluded from performing work on public holidays. Domestic workers may work on a public holiday if so agreed with the employer.
Labour Code Art.121,154
» Compensation
Work performed during public holidays shall be remunerated with an additional 100%.
Labour Code Art.234
EMERGENCY FAMILY LEAVE
At the request of the employee, the employer shall provide three days of full paid leave in case of marriage, three days in case of birth of his child, and three days in case of death of his spouse, children, parents, grandparents or siblings.
Labour Code Art.62(j)
PART-TIME WORK
General provisions
Domestic workers who live out of the household may be hired part time.
Labour Code Art.149
NIGHT WORK
Criteria for night work
Night work is the work carried out in the interval between 8 p.m. and 6 a.m. of the following day.
Labour Code Art.195
Limits
Daily hours limit
The hours of work shall not exceed 7 per day when the work is performed during night-time.
Labour Code Art.194
Weekly hours limit
The hours of work shall not exceed 42 per day when the work is performed during night-time, and 45 hours when the work is performed during day and night-time.
Labour Code Art.194
Compensation
Night work must be remunerated with an additional 30% of the ordinary wage. Overtime hours worked during the night shall be remunerated with an additional pay of 100% of the night work wage.
Labour Code Art.234
Special categories
Young workers
Workers under 18 years may not perform work in the interval between 22 hours and 06 hours of the following day with the sole exception of domestic workers employed in the household of the employer.
Labour Code Art.122
SHIFT WORK
Criteria for shift work
In undertakings where the tasks are performed continuously or are extended in part during daytime and in part during night time, the employer shall count with a sufficient number of teams of employees to make shifts.
Labour Code Art.210
Limits
Daily hours limit
In establishments where the work is performed in continuous or alternative shifts, the hours of work that a worker may perform shall not exceed 6 hours per day.
Labour Code Art.198
Weekly limit
In establishments where the work is performed in continuous or alternative shifts, the hours of work that a worker may perform shall not exceed 36 hours per week.
Labour Code Art.198
ON-CALL WORK
Relevant provisions on "on-call work" have not been identified.
FLEXITIME
Relevant provisions on flexitime have not been identified.
CASUAL WORK
Relevant provisions on casual work have not been identified.
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
Information
All undertakings, exploitations or establishments shall display in a conspicuous place a notice showing the starting and finishing hours of each worker or group of workers, and the rest periods.
Labour Code Art.206
Results generated on: 20th April 2024 at 16:08:15.
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