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Uruguay - Working time - 2011


LAST UPDATE

22 March 2011

SOURCES


Name of Act

Act n° 17.823, Code on Childhood and Adolescence of 7 September 2004 (Ley Nº 17.823, Código de la Niñez y de la Adolescencia, Diario Oficial 14 set/004 - Nº 26586)

Name of Act

Act n° 11.577 on Unhealthy Industries (Ley núm. 11.577, sobre industrias insalubres, Diario Oficial n°13194, 4 noviembre 1950) of 14 October 1950
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Name of Act

Act n° 5350 on Working Time Regime (Régimen de Horario de Trabajo) of 17 November 1915
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Name of Act

Act n° 12.590 on Annual Leave (Ley n° 12590 de 23 de Diciembre de 1958, sobre licencias anuales-Diario Oficial 5 enero/959-N°15581), of 5 January 1959
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Name of Act

Act n° 15.996 on Overtime (horas extras, Diário Oficial of 25 November 1988 n° 22752) of 17 November 1988
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Name of Act

Decree n° 611/80 on Exceptions to the limitation of working day legal limitation, (Decreto 611/80, Excepciones a la limitación de la jornada legal) of 19 November 1980

Name of Act

Act n°7.318/ Decree n°437/88 on Weekly Rest (Ley núm. 7.318 - Decreto 437/88) of 29 June 1988
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Name of Act

Act n°16.101 on Register of Social Tourism that creates and sets the Holiday Pay, (Ley núm. 16.101 de Registro de Turismo Social que crea y fija el salario vacacional) of 10 November 1989
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Name of Act

Decree 55/000, on rules on rest day regim of discontinuous and continuous industrial or commercial establishments with maximum eight-hour of working per day (Dictanse normas relativas a régimen de descanso en jornada discontinua y continua en estabelecimentos industriales o comerciales con jornada máxima de ocho horas) of 11 February 2000
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Name of Act

Act n° 18.065 on Domestic Work (Ley n°18065 Trabajo Domestico- Diario Oficial 5 December/006-N°27133)

Name of Act

Decree 615/989 issuing the paid annual leave (Decreto 615/989 que reglamenta el salario vacacional) of 22 December 1989.

Name of Act

Act 16104 issuing the leave for public servants (Ley 16104 que regula las licencias de los funcionarios públicos) of 2 February 1990.

Name of Act

Act. 18345 issuing the special leave for workers in the private sector (Ley 18345 que regula las licencias especiales para los trabajadores de la actividad privada) of 2 September 2008.

Name of Act

Act 10489 issuing the commercial hours (Ley 10489 que regula los horarios comerciales) of 6 June of 1944.

Name of Act

Decree 550/989 referring to working extra hours in the private sector(Decreto 550/989 por el que se reglamenta las horas extras en la actividad privada) of 22 November 1989

Name of Act

Act 14.008 on Garment Industry and other related industries (Ley 14.008 sobre la industria del vestido y afines) of 11 August 1971

Name of Act

Act 14.320 on schedules in commercial establishments (Ley 14.320 sobre horarios en los establecimientos comerciales) of 17 December 1974

Other source used

Uruguayan Ministry of Labour and Social Security website

LEGAL DEFINITIONS


Overtime/overtime work

In those activities where the daily working day is limited by law or collective agreement, overtime shall be considered to be the hours worked which exceed that limit.
Act n° 15.996 on Overtime Art.1

Night work(er)

The worker who performs work between 22h and 6h of the next day.
Act n° 11.577 on Unhealthy Industries Art.13

Domestic worker

Any person who renders private domestic services to one or more families, with the object of caring for them and working for them.
Act n° 15.996 on Overtime Art.1

NORMAL HOURS LIMITS


Daily hours limit


General limit

It is not allowed to work more than eight hours per day in both industry and commerce sector.
Act n° 5350 on Working Time Regime
Decree 55/000, on rules on rest day regim of discontinuous and continuous industrial or commercial establishments Art.1
Act 10489 issuing the commercial hours Art.2
Historical data (year indicates year of data collection)
  • 2009: 8 hours per day (industry and trade); Don't have a limit on working time: Agricultural Work
  • 2007: 8 hours (industry)

Exceptions

The dailiy hours limit of 8 hours does not apply to certain groups of workers, including:
(1) employees in rural establishments;
(2) domestic workers;
(3) supervisors of commercial, industrial or services establishments;
(4) qualified workers with university degrees who perform work in commercial, industrial or services establishments.
(5) employees who work outside the workplace.
(6) Employees of the Uruguayan Association of Children’s Villages.

A 6 hour limit applies to those working in conditions that are detrimental to their health.
Decree n° 611/80 on Exceptions to the limitation of working day legal limitation Art.1
Act n° 11.577 on Unhealthy Industries Art.1

Special categories


» Shift work

The 8 hour daily and 48 hour (industry) or 44 hour (commerce) weekly limits can be exceeded in shift work. The average hours worked in a period of up to 3 weeks must not exceed these daily and weekly limits.
Uruguayan Ministry of Labour and Social Security website

» Young workers

Young workers, older 15 years of age cannot work more than 6 hours per day. The National Children’s Institute may exceptionally authorize adolescents between 16 and 18 years of age to work eight hours a day, under the condition that they take two continuous rest days for every five working days preferably on Sunday. This decision can be only taken after a technical evaluation of the wokplace conditions and after considering the best interest of the child.
Act n° 17.823, Code on Childhood and Adolescence Art.169

» Domestic work

Domestic workers cannot work more than 8 hours per day.
Act n° 18.065 on Domestic Work Art.2

Weekly hours limit


General limit

It is not allowed to work more than 44 hours per week in the commerce sector and 48 hours in the industry.
Act n° 5350 on Working Time Regime
Act 14.320 on schedules in commercial establishments Art.1
Act 14.008 on Garment Industry and other related industries Art.2
Historical data (year indicates year of data collection)
  • 2009: 48 hours (industry) 44 hours (commerce)
  • 2007: 48 hours (industry) 44 hours (commerce)

Special categories


» Shift work

The 8 hour daily and 48 hour (industry) or 44 hour (commerce) weekly limits can be exceeded in shift work. The average hours worked in a period of up to 3 weeks must not exceed these daily and weekly limits.
Uruguayan Ministry of Labour and Social Security website

» Young workers

Young workers older than 15 years of age cannot work more than 36 hours per day.
Act n° 17.823, Code on Childhood and Adolescence Art.169

» Domestic work

Domestic workers cannot work more than 44 hours per week.
Act n° 18.065 on Domestic Work Art.2

OVERTIME WORK


Criteria for overtime


General

For job categories in which daily working hours are limited, overtime work is the work performed exceeding this limit.
Decree 550/989 referring to working extra hours in the private sector Art.1
Act n° 15.996 on Overtime Art.1

Limits on overtime hours


General limits

Employers cannot perform more than 8 hours per week of overtime work. Overtime work has to be performed with the employee’s agreement.
Act n° 15.996 on Overtime Art.5
Decree 550/989 referring to working extra hours in the private sector Art.16
Historical data (year indicates year of data collection)
  • 2009: Employers cannot perform more than 8 hours per week of overtime work. Overtime work has to be performed with the employee's agreement.
  • 2007: 8 hours per week

Restrictions/exceptions

Exceptions to the 8 hours limit can be established on the following cases:

A)The Ministry of Labor and Social Security, in consultation with employers and workers or associations of employers and workers, can issue special regulations allowing each industry, commerce, office, business, to transitory exceptions;

B) The Executive, following the procedure outlined in the previous paragraph, may create permanent exceptions;
Act n° 15.996 on Overtime Art.6
Decree 550/989 referring to working extra hours in the private sector Art.17

Compensation for overtime work


Overtime rate(s)

Overtime work performed during workweeks has to be compensated with an increase of 100% over the normal daily salary and 150% increase when it is performed during weekly rest days and public holidays.
Act n° 15.996 on Overtime Art.1
Decree 550/989 referring to working extra hours in the private sector Art.2, art.10
Historical data (year indicates year of data collection)
  • 2009: Overtime work performed during workweeks has to be compensated with an increase of 100% over the normal daily salary and 150% increase when it is performed during weekly rest days and public holidays.
  • 2007: 100% increase (weekdays) 150% increase (weekly rest days and public holidays)

REST PERIODS


Rest breaks


General provisions

In industrial undertakings, workers shall not work for more than five consecutive hours without a rest period of either 30 mintues or two hours.

Where the working day is continuous, the 30 minute rest period shall be remunerated. If the working day is divided into two periods and the rest period is therefore longer, it shall not be counted as working time and will not be remunerated.

Collective agreements usually establish additional pay or compensation for workers who perform night work.

Working time in commercial establishments shall be either continuous or divided into two periods. In case of continuous working day, workers shall be entitled to a half and hour rest period after four hours of work, considered as working time. If the working day is divided into two periods the rest period shall be at least two hours long.
Decree 55/000, on rules on rest day regim of discontinuous and continuous industrial or commercial establishments Art.1, art.2, art.3
Historical data (year indicates year of data collection)
  • 2009: In industrial undertakings, workers shall not work for more than five consecutive hours without a rest period of either 30 mintues or two hours. Where the working day is continuous, the 30 minute rest period shall be remunerated. If the working day is divided into two periods and the rest period is therefore longer, it shall not be counted as working time and will not be remunerated. Collective agreements usually establish additional pay or compensation for workers who perform night work. Working time in commercial establishments shall be either continuous or divided into two periods. In case of continuous working day, workers shall be entitled to a half and hour rest period after four hours of work, considered as working time. If the working day is divided into two periods the rest period shall be at least two hours long.
  • 2007: In industrial undertakings, workers shall not work for more than five consecutive hours without a rest period of either 30 mintues or two hours. Where the working day is continuous, the 30 minute rest period shall be remunerated. If the working day is divided into two periods and the rest period is therefore longer, it shall not be counted as working time and will not be remunerated. Collective agreements usually establish additional pay or compensation for workers who perform night work. Working time in commercial establishments shall be either continuous or divided into two periods. In case of continuous working day, workers shall be entitled to a half and hour rest period after four hours of work, considered as working time. If the working day is divided into two periods the rest period shall be at least two hours long.

Special categories


» Domestic work

For domestic workers who live at their workplace, the rest break should be of 30 minutes. Domestic workers who do not live at their workplace are entitled to 2 hours of paid rest. In both cases, parties may reach an agreement to establish the rest break schedule and also the time taken.
Act n° 18.065 on Domestic Work Art.3

Daily rest periods


Duration

(No general statutory provisions on daily rest.)
Historical data (year indicates year of data collection)
  • 2009: (No general statutory provisions on daily rest.)

Special categories


» Young workers

Yong workers are entitles to a rest break of half an hour, which should be enjoyed in the middle of the day, and shall be paid.
Act n° 17.823, Code on Childhood and Adolescence Art.170

» Domestic work

Domestic workers who live at their workplace are entitled to a daily rest period of at least 9 hours.

They must be provided with suitable food and a private and hygienic bedroom.
Act n° 18.065 on Domestic Work Art.5

Weekly rest periods


Duration


» General

The weekly rest period is mandatory for all workers in commercial and industrial establishment and its dependencies, whatever its nature. The duration in the industrial sector is 24 hours and in the commerce sector is 36 hours.
Act n°7.318/ Decree n°437/88 on Weekly Rest
Historical data (year indicates year of data collection)
  • 2009: 24 hours (industry); 36 hours (commerce)
  • 2007: 24 hours (industry) 36 hours (commerce)

» Exceptions

The employers of establishments expressly allowed opening in rest days.
Act n°7.318/ Decree n°437/88 on Weekly Rest

Day specified


» General

Sunday
Act n°7.318/ Decree n°437/88 on Weekly Rest

» Exceptions

There are excluded from the prohibition of working on Sundays, the workers who perform work which cannot be interrupted, such as agricultural or maritime workers, and so they may substitute their weekly rest period for two half days of 12 consecutive hours each.
Act n°7.318/ Decree n°437/88 on Weekly Rest

Work on weekly rest day


» Compensation (for working on a rest day)

The compensation for working during the weekly rest is calculated in 150% plus of the normal hourly compensation on a working day.
Act n° 15.996 on Overtime Art.1

Special categories


» Domestic workers

Domestic Workers are entitled to a weekly rest period of 36 hours which must include Sunday. The remaining weekly rest may be taken on any day of the week, upon the agreement of the parties.
Act n° 18.065 on Domestic Work Art.4

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

In order to enjoy paid annual leave every worker, civil servants and workers in the private sector, shall comply twelve months, twenty-four fortnights or fifty-two weeks of work, completed in one or more Public Agencies, or with one or more employers.

If the worker does not comply with this period of time will enjoy the days proportionally calculated to the days of work performed from the day in which the work starts until the 31 December.
Act n° 12.590 on Annual Leave Art.4
Act 16104 issuing the leave for public servants Art.3

Duration


» General

All workers, in the private sector and civil servants, are entitled to at least 20 days of paid annual leave. Workers who have worked in the same company, are entitled to an additional day of leave for every four years of seniority.
Act n° 12.590 on Annual Leave Art.1
Act 16104 issuing the leave for public servants Art.1, art.2
Historical data (year indicates year of data collection)
  • 2009: All workers are entitled to at least 20 days of paid annual leave. Workers who have worked in the same company, are entitled to an additional day of leave for every four years of seniority.
  • 2007: All workers are entitled to at least 20 days of paid annual leave. All workers are entitled to at least 20 days of paid annual leave. Workers who have worked in the same company, are entitled to an additional day of leave for every four years of seniority.

» Exceptions

All workers who have worked in the same company or Public Agency for five years, are entitled to an additional day of leave for every four years of seniority.
Act n° 12.590 on Annual Leave Art.2
Act 16104 issuing the leave for public servants Art.2

Payment


» Amount

All workers, of private or public sectors are entitled to a additional sum to enjoy in more favourable conditions their annual leave. That sum shall be an additional 100% of the ordinary wages.
Act n°16.101 on Register of Social Tourism that creates and sets the Holiday Pay Art.4
Decree 615/989 issuing the paid annual leave Art.2

» Date of payment

Payment of the annual leave shall be made before the annual leave begins.
Act n° 12.590 on Annual Leave Art.25
Act n°16.101 on Register of Social Tourism that creates and sets the Holiday Pay Art.5
Decree 615/989 issuing the paid annual leave Art.6

Schedule and splitting

The annual leave shall be enjoyed in one continuous period.
Act n° 12.590 on Annual Leave Art.1
Act 16104 issuing the leave for public servants Art.1

Work during annual leave

The right to the annual leave shall not be renounced, compensate in cash or substitute in any way and any agreement in this sense will be null and void.
Act 16104 issuing the leave for public servants Art.10
Act n° 12.590 on Annual Leave Art.15

Special categories


» Agricultural workers

Agricultural workers are entitled to enjoy paid annual leave.
Decree 615/989 issuing the paid annual leave Art.1

» Domestic work

Domestic workers are entitled to enjoy paid annual leave.
Decree 615/989 issuing the paid annual leave Art.1

PUBLIC HOLIDAYS


Number and dates

The following days shall be considered public holidays: 1 January, 1 May, 18 July, 25 August, 25 December.
Act n° 12.590 on Annual Leave Art.18

Payment

Public Holidays shall be remunerated.
Act n° 12.590 on Annual Leave Art.18

Work on Public Holidays


» Compensation

Workers who perform work on public holidays are entitled to double their remuneration.
Act n° 12.590 on Annual Leave Art.18

EMERGENCY FAMILY LEAVE

Every worker in the private sector is entitled to 3 days paid leave for family reasons; paternity, adoption or adoptive legitimation, marriage and death.

Paid leave periods for public servants are longer in some cases;
-3 days for paternity.
-10 days for death of parents, children or spouse. 4 days in case of death of brothers and 2 days in case of death of grandparents, grandchildren, parents, children or siblings political, adoptive parents, adopted children, stepparents or stepchildren.
-15 days for marriage.
Act. 18345 issuing the special leave for workers in the private sector Art.5, art.6, art.7
Act 16104 issuing the leave for public servants Art.29, art.31, art.32

NIGHT WORK


Criteria for night work

No general statutory provisions on night work.

Workers' health

Workers who perform unhealthy work during the night occasionally or permanent are entitled to reduce their weekly hours limit up to 30 hours maximum and enjoy a weekly rest of 48 consecutive hours.
Act n° 11.577 on Unhealthy Industries Art.13

Special categories


Young workers

Adolescents cannot perform work during the night (10 p.m. and 6 a.m. of the next day).

Unhealthy work is strictly forbidden for young workers who performs work during the night and who are under 21 years old.
Act n° 17.823, Code on Childhood and Adolescence Art.172
Act n° 11.577 on Unhealthy Industries Art.14

Domestic work

Domestic workers who live at the workplace are entitled to a rest period during night of 9 hours which cannot be interrupted by the employer.
Act n° 18.065 on Domestic Work Art.5

SHIFT WORK


Criteria for shift work

When the work is performed by shifts the length of time may be extended beyond 8 hours a day and more than 48 per week. However, the average of working hours calculated for a period of 3 weeks or shorter shall not exceed 8 hours per day or 48 or 44 hours per week, for the industry or the commerce sector.
Uruguayan Ministry of Labour and Social Security website

Schedule

Pharmacies throughout the Republic will remain open from 13h to 22h on Saturdays and from 8h to 22h on Sundays, according to rotating shifts established by the Ministry of Public Health.

The automobile service stations, for the purposes of the sale of fuels, oils and accessories can only be open on Sundays where they correspond according to the schedule of rotating shifts that purpose shall establish the General Inspection of Labour and Social Security.
Uruguayan Ministry of Labour and Social Security website

Weekly rest period

One day of rest each 6 days of performed work agreed by shifts and with a minimum duration of 24 hours.
Act n°7.318/ Decree n°437/88 on Weekly Rest

Results generated on: 28th March 2024 at 16:24:56.
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