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Bangladesh - Working time - 2011


LAST UPDATE

4 March 2011

SOURCES

An official English text of the Labour Act 2006 had not been published as at the date of this update. The following information relies on two unofficial English translations. To the fullest extent possible, these have been confirmed as identical.

Other source used

Unofficial English Translation of the Bangladesh Labour Act 2006 (XLII of 2006) in Dhar N and Ahmed N, Dhar on Labour and Industrial Laws of Bangladesh, ReMiSi Publishers, Dhaka, 2007
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Other source used

A Handbook on the Bangladesh Labour Act 2006, Bangladesh Employers’ Federation August 2009
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LEGAL DEFINITIONS

Key definitions are set out in §2 of the Labour Act 2006.
Labour Act 2006 - Unofficial English Translation by BEF §2
Labour Act 2006 - Unofficial English Translation by Dhar §2

Working time/working hours

’Hours of work’ means the time during which the workers employed are at the disposal of the employer, excluding any interval allowed for rest and meals.
Labour Act 2006 - Unofficial English Translation by Dhar §2(iv)

Employee/worker

’Worker’ means any person including an apprentice employed in an establishment or industry, either directly or through a contractor, to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward whether the terms of employment be expressed or implied, but does not include person employed mainly in a managerial or administrative capacity.
Labour Act 2006 - Unofficial English Translation by Dhar §2(Lxv)
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Employer

’Employer’ means any person who employs workers in an establishment and includes:
(a) a heir, successor, assign, guardian or legal representative of such person;
(b) any manager or person responsible for the management and control of the establishment;
(c) in relation to an establishment run by or under the authority of the Government, the authority appointed in this behalf or where no authority is so appointed, the head of the Ministry or Division concerned;
(d) in relation to an establishment run by or on behalf of a local authority, the officer appointed in this behalf or, where no officer is so appointed, the chief executive officer of that authority;
(e) in relation to any other establishment, the owner of such establishment and every director, manager, secretary, agent or other officer or person concerned with the management of the affairs thereof; and
(f) in relation to an esatblishment under the occupation of any person other than the owner, the person in occupation of that establishment or in ultimate control over the affairs of the establishment and the manager or other person concerned with the with the management of the affairs thereof.
Labour Act 2006 - Unofficial English Translation by Dhar §2(xLix)

Overtime/overtime work

Overtime work is work performed on any day or in any week for more than the hours fixed under the Labour Act 2006.
Labour Act 2006 - Unofficial English Translation by BEF §108(1)

Domestic worker

Domestic workers are expressly excluded from the scope of the Labour Act 2006.
Labour Act 2006 - Unofficial English Translation by Dhar §1(4)(o)

Young worker

’Adolescent’ is defined to mean a person who has completed his fourteenth year but has not completed eighteenth year of age.
Labour Act 2006 - Unofficial English Translation by Dhar §2(viii)

NORMAL HOURS LIMITS

The Labour Act 2006 imposes limits on daily and weekly working hours.
Labour Act 2006 - Unofficial English Translation by BEF Chapters III and IX

Daily hours limit

The daily limit is 8 hours, plus up to 2 hours of overtime work, to be spread over more than 11 hours.
Labour Act 2006 - Unofficial English Translation by Dhar Chapter IX

General limit

No adult worker shall ordinarily be required or allowed to work in an establishment for more than 8 hours in any day.
Labour Act 2006 - Unofficial English Translation by Dhar §100

Exceptions

A worker may work up to 10 hours in a day if paid in accordance with the overtime provisions of the Labour Act 2006.
Labour Act 2006 - Unofficial English Translation by Dhar §§100, 108

Special categories

Different time limitations apply to adolescent workers.
Labour Act 2006 - Unofficial English Translation by BEF Chapter III

» Young workers

No adolescent shall be required or allowed to work in a factory or mine for more than 5 hours in any day or in any other establishment for more than 7 hours in a day.
Labour Act 2006 - Unofficial English Translation by BEF §41(1), (2)

» Domestic work

The Labour Act 2006 does not apply to domestic workers.
Labour Act 2006 - Unofficial English Translation by BEF §1(4)(o)

Weekly hours limit

The weekly hours limit is 48 hours, subject to certain exceptions.
Labour Act 2006 - Unofficial English Translation by Dhar §102

General limit

No adult worker shall ordinarily be required or allowed to work in an establishment for more than 48 hours in any week.
Labour Act 2006 - Unofficial English Translation by Dhar §102(1)

Reference period(s)

The Labour Act 2006 permits the averaging of weekly hours over a year up to a maximum of 56 hours, but subject to a weekly maximum of 60 hours.
Labour Act 2006 - Unofficial English Translation by Dhar §102(2)

Exceptions

An adult worker may work up to 60 hours in any week and an average of 56 hours per week in any year, provided he or she is paid in accordance with the overtime provisions of the Labour Act 2006.

Further, if satisfied that it is in the public interest or in the interest of economic development, the Government may order that the weekly hours limitation be relaxed or exempt with regards certain industries, under specific terms and conditions and for a maximum period of six months.
Labour Act 2006 - Unofficial English Translation by Dhar §§102(2), 108

Special categories

Special hours limitations apply to adolescent workers.
Labour Act 2006 - Unofficial English Translation by BEF Chapter III

» Young workers

No adolescent shall be required or allowed to work in a factory or mine for more than 30 hours in any week or in any other establishment for more than 42 hours in a week.
Labour Act 2006 - Unofficial English Translation by BEF §41(1), (2)

» Domestic work

Domestic workers are excluded from the protection of the Labour Act 2006.
Labour Act 2006 - Unofficial English Translation by Dhar §1(4)(o)

OVERTIME WORK

Any time worked in excess of the daily or weekly limitations on hours is considered overtime and is to be paid at twice the worker’s basic wage and dearness allowance.
Labour Act 2006 - Unofficial English Translation by BEF §108

Criteria for overtime

Overtime is work performed on any day or week for more than the hours fixed under the Labour Act 2006. No criteria is imposed regarding when a worker may be requested or required to work overtime. However, a worker shall be required or allowed to work otherwise than in accordance with the schedule notified to the worker and the Inspector under §111.
Labour Act 2006 - Unofficial English Translation by BEF §§108, 111, 113

Limits on overtime hours

Overtime is to be limited to 2 hours in any one day, 12 hours in any one week and 8 hours per week averaged over one year.
Labour Act 2006 - Unofficial English Translation by BEF §§100, 102, 108

Compensation for overtime work

Overtime work is to be paid at twice the worker’s ordinary basic wage and dearness allowance.

For workers who are paid on a piece rate basis, employers may (in consultation with the workers’ representatives) fix time rates equivalent to the workers’ average rate of earnings which will be deemed the workers’ ordinary basic wage for the purposes of overtime work.

The Government may prescribe registers to be maintained in an establishment for the purpose of securing compliance with the overtime pay requirements.
Labour Act 2006 - Unofficial English Translation by BEF §108

Notice of requirement to work overtime

No notice requirements particular to overtime work identified. Employers are required to provide notice to workers and the Inspector of the periods which workers may be required to work. No adult worker shall be required or allowed to work otherwise than in accordance with the notice so given.
Labour Act 2006 - Unofficial English Translation by BEF §§111, 113

Special categories

Special limitations on overtime work apply to adolescent workers and workers in the road transport service.
Labour Act 2006 - Unofficial English Translation by BEF For adolescent workers - §41(4)
For road transport service workers - §102(2)

Domestic work

The working time provisions do not apply to domestic workers.
Labour Act 2006 - Unofficial English Translation by BEF §1(4)(o)

Young workers

If an adolescent works overtime, the total number of hours worked, including overtime, shall not exceed:
(a) in any factory or mine, 36 hours in any week;
(b) in any other establishment, 48 hours in any week.
Labour Act 2006 - Unofficial English Translation by BEF §41(4)

SCHEDULES

The Labour Act 2006 limits the spread of a worker’s daily hours and imposes a requirement on employers to notify workers and the Inspector of potential periods of work. Every employer is to maintain a workers register containing (amongst other things) the periods of work and rest fixed for the workers.
Labour Act 2006 - Unofficial English Translation by BEF §§9(2)(d), (e),(f) and (h), 41(5) and Chapter IX

General

The periods of work of an adult worker in an establishment shall be so arranged that, inclusive of his interval for rest or meal, it shall not spread over more than 11 hours, subject to such conditions as may be imposed by the Government, either generally or in the case of a particular establishment.
Labour Act 2006 - Unofficial English Translation by Dhar §105

Special categories

Special requirements apply to the scheduling of work performed by adolescents and children.
Labour Act 2006 - Unofficial English Translation by BEF §§41, 44

Young workers

The period of work of an adolescent employed in an establishment shall be limited to two shifts which shall not overlap or spread over more than seven and a half hours each.

An adolescent worker shall be employed in only one of the relays which shall not be changed more frequently than once in a period of 30 days without the written permission of the Inspector.

Where a child or adolescent is attending school, the child’s hours of work are to be arranged so as to not interfere with his school attendance.
Labour Act 2006 - Unofficial English Translation by BEF §§41(5), 41(6), 44

Shift work

Where any group of workers is required to work on a system of shifts, and the relays are not on a undetermined periodical changes, the employer shall fix the periods during which each relay on the group may be required to work.

Where any group is to work on a system of shifts and the relays are or are intended to be subject to predetermined periodical changes of shifts, the employer shall draw up a scheme of shifts where under the periods during which any relay of the group may be required to work on the relay which will be working at any time of the day shall be known for any day.
Labour Act 2006 - Unofficial English Translation by BEF §§111(6), 111(7)
Labour Act 2006 - Unofficial English Translation by Dhar §§111(6), 111(7)

REST PERIODS

The Labour Act 2006 provides for rest or meal intervals and weekly rest days.
Labour Act 2006 - Unofficial English Translation by Dhar §§101, 103

Rest breaks

The Labour Act requires that workers have a rest period of at least half an hour for every 5 hours of work, one hour for every 6 hours of work and one one hour break or two half hour breaks for every 8 hours of work.
Labour Act 2006 - Unofficial English Translation by Dhar §101

General provisions

A worker in any establishment shall not be liable to work:
(a) for more than 6 hours in any day unless he has been allowed an interval of at least one hour during that day for rest or meal;
(b) for more than 5 hours in any day unless he has been allowed an interval of at least half an hour during that day for rest or meal; or
(c) for more than 8 hours unless he has had an interval under clause (a) or two intervals under clause (b) during that day.
Labour Act 2006 - Unofficial English Translation by Dhar §101

Daily rest periods

There is no express entitlement to daily rest periods beyond those provided for rest or meals during the working day.
Labour Act 2006 - Unofficial English Translation by Dhar §101

Weekly rest periods

The Labour Act 2006 provides for a weekly rest period of one or one and a half days, depending on the industry in which the worker is engaged.
Labour Act 2006 - Unofficial English Translation by Dhar §103

Duration

An adult worker employed in a shop or commercial establishment, or in an industrial establishment, shall be allowed in each week one and half days holiday. An adult worker employed in a factory and establishment shall be allowed one day in a week. No deduction is to be made from the worker’s wages on account of such holidays.
Labour Act 2006 - Unofficial English Translation by Dhar §103

Day specified

The day and a half on which shops or commercial or industrial establishments are to be closed shall be fixed regionally by the Chief Inspector.
Labour Act 2006 - Unofficial English Translation by BEF §114
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» Exceptions

The exceptions to the requirement to entirely shut for a day and a half each week, and thus to the days fixed by the Chief Inspector, are as follows: transport terminals (including docks, stations and airports), grocery shops, shops selling pharmaceuticals and other medical supplies, funeral parlours, tobacco shops, petrol stations and automobile service centres, hairdressers, public conservation or sanitation systems, public utilities and entertainment venues.
Labour Act 2006 - Unofficial English Translation by BEF §114(5)

Work on weekly rest day

Where a worker is deprived of any of the weekly holidays, a worker is allowed, as soon as circumstances permit, compensatory holidays, of equal number to the holidays so deprived of.
Labour Act 2006 - Unofficial English Translation by Dhar §104

» Criteria

Article 104 contemplates that any deprivation of weekly holidays will be as a result of the passing of an order or the making of a rule under the provisions of the Labour Act 2006 exempting an establishment or the workers therein from the provisions of §103.
Labour Act 2006 - Unofficial English Translation by Dhar §104

» Compensation (for working on a rest day)

No penalty rate is prescribed for work performed on a rest day. Rather, the worker is entitled to a day off in lieu of the day worked.
Labour Act 2006 - Unofficial English Translation by Dhar §104

Special categories

Specific provision is made for night workers and road transport service workers. No exemption shall be granted in respect of adolescent workers.
Labour Act 2006 - Unofficial English Translation by BEF §§103(b), 106, 41(7)

» Night work

Where an adult worker in an establishment works on a shift which extends beyond midnight, his day of rest shall be a period of 24 consecutive hours beginning from the end of his shift and the following day shall be deemed to be the period of 24 consecutive hours beginning from the end of this shift and the hours he has worked after midnight shall be counted towards the previous day.
Labour Act 2006 - Unofficial English Translation by Dhar §106

» Young workers

No exemption from the weekly rest period provisions shall be granted in respect of any adolescent.
Labour Act 2006 - Unofficial English Translation by BEF §41(7)

» Domestic workers

Domestic workers are not covered by the Labour Act 2006.
Labour Act 2006 - Unofficial English Translation by Dhar §1(4)(o)

ANNUAL LEAVE AND PUBLIC HOLIDAYS

The annual leave and public holiday entitlements of adult and adolescent workers are set in Chapter IX of the Labour Act 2006.
Labour Act 2006 - Unofficial English Translation by BEF Chapter IX

ANNUAL LEAVE

The annual leave entitlements vary according to the worker’s age and industry and are capped on a similar basis. However, all workers except those employed in a tea plantation are entitled to 10 days’ paid casual leave each calendar year.
Labour Act 2006 - Unofficial English Translation by BEF §§115, 117

Qualifying period

The qualifying period for all workers’ annual leave entitlement is 1 year of continuous service in an establishment. The year’s service shall be taken to be continuous notwithstanding any interruption in service due to any holiday, leave with wages, leave without or without wages due to sickness or accident, maternity leave not exceeding 16 weeks, period of lay-off or legal strike or lock-out.

There is no qualifying period imposed on the casual leave entitlement.
Labour Act 2006 - Unofficial English Translation by BEF §§115, 117(1), 117(8)
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Duration

All workers except tea plantation workers are entitled to 10 days of paid casual leave in each calendar year.

An adult worker is entitled to:
(a) for shop, commercial or industrial establishment, factory, or road transport service industry workers - one day’s paid annual leave per 18 days of work;
(b) for tea plantation workers - one day’s paid annual leave per 22 days of work; and
(c) for newspaper workers - one day’s paid annual leave per 11 days of work.

A period of leave shall be inclusive of any holiday which may occur during such period.
Labour Act 2006 - Unofficial English Translation by BEF §§115, 117(1), (3)

Payment

Annual leave is to be leave with wages. Casual leave is leave with full wages.
Labour Act 2006 - Unofficial English Translation by BEF §119

» Amount

Leave and holidays allowed under the Labour Act 2006 are to be paid at the rate equal to the daily average of the worker’s full time wages including dearness allowance and ad-hoc or interim pay (if any) for the days on which he worked during the month immediately preceding the leave, but excluding any overtime allowance and bonus. If a worker is entitled to cash equivalent of any advantage accruing from the supply of food grains, it shall be included his wages for the period of leave.
Labour Act 2006 - Unofficial English Translation by BEF §119(1)
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» Date of payment

Payment is to be made, so far as it is practicable, before the period of leave begins where the period is of:
(a) in the case of an adult worker - 4 or more days;
(b) in the case of an adolescent worker - 5 or more days.
Labour Act 2006 - Unofficial English Translation by BEF §119(2)

Schedule and splitting

Casual leave shall not be accumulated and carried forward to the succeeding year.

The period of annual leave accrued in a year is to be taken in the subsequest period of 12 months, provided that any untaken leave is added to the following year’s entitlement up to a maximum entitlement of 40, 60 or 80 days.
Labour Act 2006 - Unofficial English Translation by BEF §§115, 117(1), 117(2), 117(4), 117(5) and 117(6)
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Work during annual leave

No provisions relating to work during annual leave identified.
Labour Act 2006 - Unofficial English Translation by BEF

Special categories

Workers who are not adults have a higher entitlement to paid annual leave.
Labour Act 2006 - Unofficial English Translation by BEF §117(2)

» Young workers

Every worker who is not an adult shall be entitled to:
(a) for factory workers - one day’s paid annual leave per 15 days of work;
(b) for tea plantation workers - one day’s paid annual leave per 18 days of work;
(c) for shop and commercial or industrial establishment workers - one day’s paid annual leave per 14 days of work.

The period of leave includes any holidays which occur during the period.
Labour Act 2006 - Unofficial English Translation by BEF §117(2), (3)
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PUBLIC HOLIDAYS

Every worker shall be allowed in a calendar year eleven days of paid festival holidays.
Labour Act 2006 - Unofficial English Translation by BEF §118(1)

Number and dates

The entitlement is to 11 festival days, the days and dates of which shall be fixed by the employer in such a manner as may be prescribed.
Labour Act 2006 - Unofficial English Translation by BEF §118(1) and (2)

Payment

Leave and holidays allowed under the Labour Act 2006 are to be paid at the rate equal to the daily average of the worker’s full time wages including dearness allowance and ad-hoc or interim pay (if any) for the days on which he worked during the month immediately preceding the leave, but excluding any overtime allowance and bonus. If a worker is entitled to cash equivalent of any advantage accruing from the supply of food grains, it shall be included his wages for the period of leave.
Labour Act 2006 - Unofficial English Translation by BEF §119(1)

Work on Public Holidays

A worker may be required to work on any festival holiday, but 2 days’ additional compensatory holidays with full pay and a substitute holiday shall be provided for him without deduction of wages.
Labour Act 2006 - Unofficial English Translation by BEF §§103, 118(3)

EMERGENCY FAMILY LEAVE

No provisions establishing an entitlement to emergency family leave identified.
Labour Act 2006 - Unofficial English Translation by BEF

PART-TIME WORK

No provisions dealing with part-time work identified.
Labour Act 2006 - Unofficial English Translation by BEF

NIGHT WORK

The only provisions dealing with night work relate to restrictions on adolescent and women workers and the way in which a night worker’s weekly rest periods are to be calculated.
Labour Act 2006 - Unofficial English Translation by BEF §§41(3), 106, 109

Weekly rest periods

Where an adult worker in an establishment works on a shift which extends beyond midnight, his day of rest shall be a period of 24 consecutive hours beginning from the end of his shift and the following day shall be deemed to be the period of 24 consecutive hours beginning from the end of this shift and the hours he has worked after midnight shall be counted towards the previous day.
Labour Act 2006 - Unofficial English Translation by Dhar §106

Special categories

Women are not to work night work without their consent. Adolescent workers are not work between the hours of 7pm and 7am.
Labour Act 2006 - Unofficial English Translation by Dhar §§109, 41(3)

Young workers

No adolescent shall be allowed to work in any establishment between the hours of 7pm and 7am.
Labour Act 2006 - Unofficial English Translation by BEF §41(3)

Domestic work

Domestic workers are not covered by the protections of the Labour Act 2006.
Labour Act 2006 - Unofficial English Translation by Dhar §1(4)(o)

Women

No women shall, without her consent, be allowed to work in an establishment between the hours of 10pm and 6am.
Labour Act 2006 - Unofficial English Translation by Dhar §109

SHIFT WORK

Requirements are imposed on employers with regards the scheduling of shift work.
Labour Act 2006 - Unofficial English Translation by BEF §§41, 111
Labour Act 2006 - Unofficial English Translation by Dhar §§41, 111

Criteria for shift work

Shift is defined to mean, where work of the same kind is carried out by two or more sets of workers working during different periods of the day, each of such periods.
Labour Act 2006 - Unofficial English Translation by Dhar §2(xxix)

Schedule

Where any group of workers is required to work on a system of shifts, and the relays are not on a undetermined periodical changes, the employer shall fix the periods during which each relay on the group may be required to work.

Where any group is to work on a system of shifts and the relays are or are intended to be subject to predetermined periodical changes of shifts, the employer shall draw up a scheme of shifts where under the periods during which any relay of the group may be required to work on the relay which will be working at any time of the day shall be known for any day.

Adolescent workers shall be employed in only one of the relays which shall not be changed more frequently than once in a period of 30 days, without written permission of the Inspector.
Labour Act 2006 - Unofficial English Translation by BEF §§41(6), 111(6), 111(7)
Labour Act 2006 - Unofficial English Translation by Dhar §§41(6), 111(6), 111(7)

ON-CALL WORK

No provisions dealing with on-call work identified.
Labour Act 2006 - Unofficial English Translation by BEF

FLEXITIME

No provisions dealing with flexitime identified.
Labour Act 2006 - Unofficial English Translation by BEF

CASUAL WORK

A worker shall be called a casual worker if his employment in an establishment is casual nature. No distinction is made between casual and other categories of workers for the purposes of the working time and annual leave entitlements in the Labour Act 2006.
Labour Act 2006 - Unofficial English Translation by BEF §4(4) and Chapter IX

General provisions

Casual workers shall be provided with a casual card on which shall be entered the day on which he has worked in the establishment.

Employers are exempted from the requirements regarding service books with respect to casual workers.
Labour Act 2006 - Unofficial English Translation by BEF §§6(9), 9(5)
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Normal hours limit

The Labour Act 2006 does not distinguish between casual workers and other categories of workers with respect to working time limitations.
Labour Act 2006 - Unofficial English Translation by BEF Chapter IX

Overtime work

The Labour Act 2006 does not distinguish between casual workers and other categories of workers with respect to overtime work.
Labour Act 2006 - Unofficial English Translation by BEF Chapter IX

Schedules

The Labour Act 2006 does not distinguish between casual workers and other categories of workers with respect to scheduling working time.
Labour Act 2006 - Unofficial English Translation by BEF Chapter IX

Rest periods

The Labour Act 2006 does not distinguish between casual workers and other categories of workers with respect to rest period requirements.
Labour Act 2006 - Unofficial English Translation by BEF Chapter IX

Annual leave

The Labour Act 2006 does not distinguish between casual workers and other categories of workers with respect to annual leave entitlements.
Labour Act 2006 - Unofficial English Translation by BEF Chapter IX

SHORT-TIME WORK/WORK-SHARING

No provisions dealing with short-time work or work-sharing identified.
Labour Act 2006 - Unofficial English Translation by BEF

RIGHT TO CHANGE WORKING HOURS

Restrictions are imposed on employers with regard to changing the working hours of adolescent workers and with regard to requiring workers to work other than in accordance with notified work periods.

No provisions dealing with the right of workers to request a change in working hours identified.
Labour Act 2006 - Unofficial English Translation by BEF §§41(7), 111(10), 113

Type of changes permitted

The Labour Act 2006 only contemplates changes to working hours at the initiative of the employer.
Labour Act 2006 - Unofficial English Translation by BEF Chapter III and IX

Employer duties

An employer may not not be change a relay on which an adolescent works more than once in a period of 30 days without the written permission of the Inspector.
Labour Act 2006 - Unofficial English Translation by BEF §41(6)

INFORMATION & CONSULTATION

The Labour Act 2006 imposes recording and notification obligations on employers with respect to workers’ times of work and rest and requires that the periods of work be approved by the Inspector.
Labour Act 2006 - Unofficial English Translation by BEF §§9, 111(8)

Information

The employer of every establishment shall maintain a workers register for all workers and to be available for the Inspector at all times during working hours for inspection. The workers register is to contain, amongst other things: the periods of work fixed for each worker; the intervals for meals and rest to which he is entitled; the days of rest to which he is entitled; and where his group works on shifts, the relay to which he is allotted.

A notice of periods of work for adult workers showing clearly the periods which adult workers may be required to work shall be be displayed and correctly maintained in every establishment. In every establishment in which adolescent workers are employed, the notice of specified working hours shall contain periods of work for adolescents.
Labour Act 2006 - Unofficial English Translation by BEF §§9(1), 9(2), 43(1), 111(1)
Labour Act 2006 - Unofficial English Translation by Dhar §§9(1), 9(2), 43(1), 111(1)

Consultation

There is no requirement on employers to consult with workers with respect to the working hours allocated. However, the employer is required to provide a copy of the notice of working hours in duplicate to the Inspector for approval of the periods of work. The Inspector shall return a copy of the notice to the employer within one week of its receipt, indicating modifications if any which must be immediately complied with by the employer.
Labour Act 2006 - Unofficial English Translation by BEF §111(8), (9)
Labour Act 2006 - Unofficial English Translation by Dhar §111(8), (9)


Lithuania - Working time - 2011


LAST UPDATE

4 July 2012
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SOURCES


Name of Act

Labour Code of the Republic of Lithuania of 4 June 2002, as amended up to Act No. XI-1219 of 9 December 2010.
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LEGAL DEFINITIONS


Working time/working hours

"Working time" shall mean any period during which the employee must work carrying out his activity or duties, and other periods equivalent to it.

Working time shall include:
1) the time, actually taken to do any work, hours of on call-duty at home and at the place of work;
2) the length of posting or business trip to another locality;
3) the time necessary to prepare and arrange a workstation, work equipment, safety measures;
4) rest breaks, included in working time according to statutory acts;
5) the time of mandatory medical check-ups;
6) a study programme, qualification improvement in a workplace or training centres;
7) the time of suspension from work, if a employee who is suspended must comply with the order established in his workplace; 8) the period of idle time;
9) other periods of time set by regulatory acts.

Working time shall not include:
1) absence from work;
2) non-arrival at the workstation with permission of the administration; 3) performance of state, public or citizen’s duties, military service or military training;
4) the period of incapacity for work;
5) breaks to rest and to eat, daily rest (inter-shift), weekly rest, public holidays, annual leave;
6) other periods of time set by regulatory acts.
Labour Code Art.142,143

Employee/worker

An "employee" is a natural person having general legal capacity in employment relationships and employed under a contract of employment for remuneration.

The "staff" shall comprise all employees connected with the employer by employment relationships.
Labour Code Art.15,17

Employer

An employer may be an enterprise, establishment, organisation or any other organisational structure irrespective of the form of ownership, legal form, type and nature of activities, which has general legal capacity in employment relationships.

An employer may also be any natural person. In such case, general legal capacity of an employer (natural person) shall be regulated by the Civil Code.
Labour Code Art.16

Overtime/overtime work

Overtime work is the work which exceeds the working time limits set forth in the Labour Code.
Labour Code Art.150.1

Night work(er)

Night work is the work performed between 10 pm to 6 am, when at least three working hours are performed during this interval of time.
Labour Code Art.154(1)-(2)

NORMAL HOURS LIMITS


Daily hours limit


General limit

A daily work period must not exceed 8 working hours.
Labour Code Art.144(2)
Historical data (year indicates year of data collection)
  • 2009: 8 hours.
  • 2007: 8 hours

Exceptions

Exceptions may be established by laws, Government resolutions and collective agreements.
These exceptions apply to specific categories of employees, such as employees in health care, care (custody), child care institutions, energy, specialised communications services and specialised accident containment services, as well as other services on standby duty, etc.) as well as of watchmen on premises may be up to 24 hours per day.
The list of such jobs shall be approved by the Government.

For employees employed in more than one undertaking or in one undertaking but under two or more employment contracts, the working day may not be longer than 12 hours.

On the eve of holidays working time shall be shortened by one hour, except for part-time employees. In case of six-day working week, work before a holiday shall not last longer than for 5 hours.
Labour Code Art.144(4)(5), 153(1)(2)

Special categories


» Night work

Shorter working time shall be set for persons working at night. Specifically night work shall be shortened by one hour.
Labour Code Art.145(3), 154(2)

» On-call work

The duration of on-call duty at the enterprise together with the duration of a working day (shift) (when an employee is assigned to on-call duty after the end of a working day), may not exceed the maximum duration of a working day shift set in 8 hours.
Labour Code Art.155(2)

» Young workers

Shorter working time shall be set for persons under eighteen years of age in accordance with the provisions of the Law on Safety and Health at Work.
Labour Code Art.145.1)

Weekly hours limit


General limit

The general working time limit is fixed in 40 hours per week.
Labour Code Art.144(1)
Historical data (year indicates year of data collection)
  • 2009: 40 hours.
  • 2007: 40 hours
  • 1995: n.a.

Reference period(s)

In general the lenght of the working week is set in 5 days with 2 weekly rest days. However, a 6-day working week with one rest day may be set in the enterprises in which a 5-day working week is impossible due to the nature of production or on other grounds.
Art.147(2)

Exceptions

The average weekly working hours shall not exceed 48 hours, including in categories for which exceptions in the limits of working hours are provided.

Employees raising a disabled child who is under eighteen years old or two children under twelve years old may enjoy their weekly working time shortened by two hours (or have an additional rest day per month), and employees raising three or more children under twelve years old may enjoy their weekly working time shortened by four hours accordingly (or have two additional rest days per month). These benefits shall be enjoyed with full payment.
In case of employees working in shifts longer than eight hours they may enjoy the extra time of rest each three months.
Labour Code Art.144(4),214

OVERTIME WORK


Criteria for overtime


General

Overtime work is the work which exceeds the working time limits set forth in the Labour Code.

In general, an employer may assign overtime work only in the following exceptional circumstances:

1) when the work to be performed is necessary for national defence and for preventing accidents or dangers;
2) when the work to be performed is needed for the public at large, also when eliminating incidental and unexpected consequences as a result of accidents, natural disasters;
3) when it is necessary to finish the work which could not have been finished during the working time in the present technical production conditions because of an unforeseen or accidental obstacle, if production materials may get spoiled or work equipment may break down as a result of an interruption in work;
4) when the work to be performed is related to repairs and renovation of mechanisms or equipment, if many workers would have to interrupt their work due to the breakdown of the said mechanisms and equipment;
5) when another shift worker fails to arrive at the workstation, if working process may be impeded because of this; in such cases the administration must immediately, but not later than in the middle of the shift replace the shift worker by another employee;
6) to perform loading and unloading operations and related transportation work, when it is necessary to vacate warehouses of transport enterprises, as well as to load and unload means of transportation in order to avoid the accumulation of freight in dispatch and destination points and idle vehicle time;
7) when this is provided for in the collective agreement.

In other cases overtime work may be organised only subject to the written consent or written request of an employee.
Labour Code Art.150(1), 151

Limits on overtime hours


General limits

The employee’s overtime work must not exceed four hours in two consecutive days and 120 hours per year. A different annual duration of overtime work may be established in the collective agreement, however, not exceeding 180 hours per year.
To this respect, maximum working time, including overtime, must not exceed 48 hours per week.
Labour Code Art.144, 149(1), 150(2)
Historical data (year indicates year of data collection)
  • 2009: 4 hours over a two day period and 120 hours per year Maximum weekly working time, including overtime, is 48 hours in average in each 4-month period.
  • 2007: 4 hours over a two day period and 120 hours per year
  • 1995: No legal provision.

Restrictions/exceptions

An annual limit of more than 120 hours may be established by collective agreement up to 180 hours per year.
Work of administrative officials which exceed the set working time are not considered overtime work. A list of such positions are to be established in collective agreements, rules of internal discipline.
Labour Code Art.144(4), 150(5), 152

Compensation for overtime work


Overtime rate(s)

The employee performing overtime work shall be entitled to enjoy a rate of payment of at least 150% of the average wage per hour.
Labour Code Art.193
Historical data (year indicates year of data collection)
  • 2009: 150% of the average wage per hour.
  • 2007: 50% increase
  • 1995: 50% premium. 100% for work on public holidays and on days off in lieu of compensatory time off.

Special categories


Young workers

Overtime work cannot be assigned to under 18 years old workers.
Labour Code Art.150.3

Pregnant workers/recent birth

Pregnant women, women who have recently given birth and women who breastfeed may be assigned to do overtime work only with their consent.
Labour Code Art.150(4)

On-call work

When the standard duration of working time is exceeded while performing on-call duties, whether at the enterprise or at home, the employer shall provide the employee with compensatory rest of the same duration to be enjoyed in the course of the next month, or upon the employee’s request, to be enjoyed added to his annual leave or paid as for overtime work.
Labour Code Art.155.3

Disabled workers

Disabled persons may be assigned to do overtime work only with their consent.
Labour Code Art.150(4)

Parents

Employees who are raising a child under three years old, employees who are alone raising a child under fourteen years old or a disabled child under eighteen years old, may be assigned to do overtime work only with their consent.
Labour Code Art.150(4)

SCHEDULES


General

The distribution of work and rest periods for each employee and the beginning and end of working shifts shall be set under work regulations of the enterprise, establishment or organisation.

The schedules of working shifts shall be approved by the administration, upon agreement with the representatives of the employees or in accordance with the procedure established in a collective agreement.

Working time schedules shall be announced publicly in information boards of enterprises and their divisions, not later than two weeks in advance.

The employer must ensure an even rotation of shifts. It shall be prohibited to assign one employee two consecutive shifts.
Labour Code Art.147

REST PERIODS


Rest breaks


General provisions

Employees shall be entitled to enjoy a break of maximum 2 hours and minimum 30 minutes to rest and to eat. This break shall be provided not later than after four working hours.

The employee shall use the rest break at his discretion. During this time he may leave the workplace. This break shall not be included in the working time.

In a six-day working week, on the eve of rest days and public holidays, work may continue without a break to rest and to eat only where the duration of the working day does not exceed six hours.

The employer must take care that adequate conditions are provided for employees to rest and to eat during the break.

Categories of work where, owing to industrial conditions, no breaks to rest and to eat may be made, employees must be provided a possibility to eat during working time.

The beginning, end and other conditions of a break to rest and to eat shall be set by work regulations, the work schedule, a collective agreement and a contract of employment.
Labour Code Art.158(1)(2)(3)(4)(5)(6)
Historical data (year indicates year of data collection)
  • 2009: At least 30 minutes and a maximum of two hours after four hours of work.
  • 2007: The beginning and other conditions attached to a rest period shall be set by the internal work rules, the work schedule, a collective agreement or the employment contract.
  • 2007: At least 30 minutes and a maximum of two hours after four hours of work.
  • 1995: n.a.

Special categories

When work is performed out of doors or in unheated premises, where the temperature is below -10ºC, also when performing physically demanding or mentally strained work or work involving exposure to other effects adverse to health, special breaks must be provided.

Additional and special breaks shall be included in the working time and the procedure for establishing them shall be approved by the Government.

The number of additional and special breaks, their duration and the place of rest shall be defined, taking account of the specific working conditions, in collective agreements or work regulations.
Labour Code Art.159(3)(4)(5)

» Young workers

Employees under 18 years old who work for more than four hours, must be granted an additional break of at least 30 minutes to rest during their working time. This break shall be included in their working time.
Labour Code Art.159(2)

Daily rest periods


Duration

The daily rest period shall have a duration of at least of 11 consecutive hours in a 24 hours period.
Labour Code Art.160(1)
Historical data (year indicates year of data collection)
  • 2009: Eleven hours per 24 hours.
  • 2007: Eleven hours per 24 hours.
  • 1995: n.a.

Special categories


» Young workers

The daily rest period for workers under 16 years old shall have a duration of at least 14 hours, and for workers from 16 to 18 years old, of at least 12 hours, which shall fall in the interval between 10 p.m. and 6 a.m.
Labour Code Art.160(2)

Weekly rest periods


Duration


» General

In general, the weekly rest period have a duration of 2 days, which fall in Saturday and Sunday. However when a five-day working week is impossible due to the type of production, a six-day working week with one weekly rest day may be scheduled provided that the weekly rest have a duration of at least 35 consecutive hours.
Labour Code Art.147, 161(1)(5)
Historical data (year indicates year of data collection)
  • 2009: 2 rest days (at least 35 consecutive hours) A six-day working week with one rest day shall be set for employees of the enterprises in which a five-day working week is impossible due to the type of production.
  • 2007: 1 day

Day specified


» General

In general Saturday and Sunday are the weekly rest days for workers employed in a five-day working week, and Sunday for workers employed in a six-day working week.
Labour Code Art.161(1)

» Exceptions

At enterprises and organisations where work cannot be interrupted on technical grounds or involving the need for continuity of services to be provided to the population as well as at other enterprises of uninterrupted production rest days shall be provided on other week days in succession to each group of the employees in accordance with the work/shift schedules established.

Similarly, for enterprises and organisations where work cannot be interrupted because it involves the need for continuity of services to be provided to the population (public transport, health institutions, public utilities, theatres, museums, etc.) rest days shall be established by the executive municipal body.
Labour Code Art.161(2)(3)

Work on weekly rest day


» Criteria

It shall be prohibited to assign work on rest days with the exception of work which cannot be interrupted on technical grounds, work involving the need to provide services to the population as well as work involving urgent repair and loading work.
Labour Code Art.161(6)

» Compensation (for working on a rest day)

The pay for work on a rest day which has not been provided for in the work schedule, shall be at least at the double rate, or it shall be compensated for by granting to the employee another rest day during the month or by adding that day to his annual leave and paying his average wage for these days.
Labour Code Art.194(1)

» Prohibitions and limitations

The consent to work on rest days must be obtained from pregnant women, women who have recently given birth, breastfeeding women, employees raising a child up to the age of 3 years old, single-parent employees raising a child up to the age of 14 years old, employees raising a disabled child up to the age of 16 years old and employees under the age of 18 years old.
Labour Code Art.161(6)

Special categories


» Young workers

Workers under 18 years old shall be entitled to enjoy 2 days of weekly rest.
Labour Code Art.161(7)

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE

Annual leave is the period of time that every worker is entitled granted for rest and rehabilitation of working capacity. This leave is calculated in calendar days and per year and does not include the public holidays.
Labour Code Art.165

Qualifying period

Annual leave for the first working year shall be granted, as a rule, after six months of uninterrupted work at the enterprise.

Annual leave shall be granted with less than six months of uninterrupted work to women before or after a maternity leave, and in other cases laid down by laws and collective agreements.

Teaching staff in educational institutions are entitled to annual leave during the first year of their employment even if they have not completed six months of continuous work.
Labour Code Art.169(2)(3)(6)

Duration


» General

The minimum annual leave has a duration of 28 calendar days.
Labour Code Art.166(1)
Historical data (year indicates year of data collection)
  • 2009: 28 calendar days.
  • 2007: 35 days for employees who are under 18 years of age, single parents raising a child under 14 years of age, parents raising a disabled child under 18 years of age, disabled workers, and other persons as provided by law.
  • 1995: 28 calendar days.

» Exceptions

Annual leave shall have a duration of 35 calendar days for employees under eighteen years old, employees who are alone raising a child under fourteen years old or a disabled child under eighteen years old, disabled persons and other persons specified by laws.

Extended annual leave up to 58 calendar days shall be granted to certain categories of employees whose work involves greater nervous, emotional and intellectual strain and professional risk, as well as to those employees who work in specific working conditions. The Government shall approve a list of categories of employees who are entitled to the extended leave and shall define therein the specific duration of the extended leave for each category of employees.
Labour Code Art.166, 167

Payment


» Amount

During annual leave the employee shall be entitled to enjoy his average wage.
Annual leave may not be replaced by financial compensation, except in the case of the termination of the employment relationship or where the employee does not wish to take leave.
Labour Code Art.176(1), 177(1)

» Date of payment

The annual leave shall be paid at least 3 calendar days before commencement of the leave.
Labour Code Art.176(2)

Schedule and splitting

The annual leave period for each working year shall be granted in the same working year. However, it shall be permitted to transfer annual leave, only at the request or subject to the consent of the employee, in case of one of the following circumstances; the employee becomes temporarily incapacitated; becomes entitled to a special-purpose leave, becomes entitled to unpaid leave, is excused from work for the performance of official or public duties or takes part in relief operations after natural disasters and accidents, all of them under the conditions and cases set forth in the provisions of this Code.

The annual leave from the second year of employment may be scheduled at any time of the working year in accordance with the annual leave schedule. The procedure for making the schedule shall be stipulated in a collective agreement and, where such an agreement is not made, the annual leave schedule shall be made by agreement between the parties.

Under 18 years old workers, pregnant women and employees alone raising a child under fourteen years old or a disabled child under eighteen years old, shall be entitled to choose the time of annual leave after six months of uninterrupted work at an enterprise.

Male workers shall at their request be granted their annual leave during the maternity leave of their wives.

Annual leave for workers who are also studying may coincide, at their request, with their examinations, tests, work on a graduation thesis, laboratory work or consultations.

Workers who are taking care of sick or disabled persons at home, and persons who are suffering from chronic diseases that become more acute depending on atmospheric conditions, should be granted annual leave at the time of their choice, subject to the recommendation of a health institution.

Annual leave may, at the request of the employee, be taken in instalments. One instalment of annual leave may not be shorter than 14 calendar days.
Labour Code Art.169(1)(2)(4)(5)(7)(8),172, 174(1)(2)(3)

Special categories


» Young workers

Young workers shall be entitled to enjoy an annual leave period of 35 calendar days.
Labour Code Art.166(2)

» Part-time work

Annual leave shall not be shortened for part-time employees.
Labour Code Art.166.3

PUBLIC HOLIDAYS


Number and dates

14 days
Labour Code Art.162(1)
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Work on Public Holidays


» Criteria

It shall be prohibited to work during holidays, with the exception of work which cannot be interrupted on technical grounds (enterprises and organisations of uninterrupted operation), work involving the need to provide services to the population as well as work involving urgent repair and loading. Pregnant women, women who have recently given birth to a child, breast-feeding women, the employees raising, as single parents, a child under three years old and employees raising a child before he has reached fourteen years old or a disabled child before he has reached eighteen years old, and persons under eighteen may be assigned work during holidays only subject to their consent.
Labour Code Art.162(2)

» Compensation

The pay for work on public holiday which has not been provided for in the work schedule, shall be at least at the double rate, or it shall be compensated for by granting to the employee another rest day during the month or by adding that day to his annual leave and paying his average wage for these days.
Labour Code Art.194.1

EMERGENCY FAMILY LEAVE

In certain circumstances an unpaid leave may be provided at the employee’s request:
1) to employees raising a child under fourteen years old - for up to 14 calendar days;
2) to employees raising a disabled child under eighteen years old - for up to 30 calendar days;
3) to the male worker (father), during the maternity leave and parental leave until his child reaches three years old, or to the female worker (mother) during parental leave taken by the father, until the child reaches three years old. The duration of such leave may not be longer than three months;
4) to a disabled person - for up to 30 calendar days per year;
5) to an employee who alone takes care of a disabled person where the necessity of continuous care has been prescribed by a decision of the Disability and Working Capacity Assessment Office - for up to 30 calendar days per year at the time agreed between the parties;
6) to an employee taking care of a sick family member - for a period recommended by a health institution;
7) for a wedding - at least three calendar days;
8) for a funeral of a family member - at least three calendar days.

Unpaid leave for other reasons shall be provided in accordance with the procedure laid down in the collective agreement.
Labour Code Art.184(1)(2)

PART-TIME WORK


General provisions

Part-time work may be set by agreement between the employee and the employer, or at the request of the employee in the following circumstances:
- when is requested due to his health status according to a conclusion of a health care institution.
- at the request of a pregnant woman, a woman who has recently given birth, a breast-feeding woman, an employee raising a child under three years old, as well as an employee who is alone raising a child under fourteen years old or a disabled child under eighteen years old.
-at the request of an employee who is under 18 years old.
-at the request of a disabled person according to a conclusion issued by the Disability and Working Capacity Assessment Office under the Ministry of Social Security and Labour.
- at the request of an employee nursing a sick family member according to a conclusion of a health care institution.

Unless otherwise indicated in the conclusion of a health care institution, part-time work may, by agreement, be established by decreasing the number of working days per week or shortening a working day (shift), or doing both.
Part-time working time during a working day may be divided into parts. Other conditions related to the procedure for establishing part-time work shall be set by the Government. The conditions set by the Government may be disregarded where this is agreed upon in the collective agreement.
Labour Code Art.146(1)(2)

Right to equal treatment


Right/scope

Part-time workers are entitled to equal treatment with respect to setting the duration of annual leave, calculating the length of service, promoting an employee, improving qualifications, as well as other employment rights, without prejudice to other rights acquired by employees performing equivalent or the same work.
Part-time employees shall receive payment in proportion to the time of work performed or by result.
Labour Code Art.146(3)

NIGHT WORK


Criteria for night work

Night work is the work performed between 10 pm to 6 am, when at least three working hours are performed during this interval of time.
Labour Code Art.154(1)-(2)

Limits


Daily hours limit

Working time at night shall be shortened by one hour. Therefore, the limit of night working hours is set in 7 hours per day.

The duration of work at night shall not be shortened in case of continuous production, as well as in cases when under employment contract an employee has been expressly recruited to perform work at night.
Labour Code Art.154(2)(5)

Compensation

Night work shall be paid at the rate of at least 150 % of the employee’s wage (basic salary plus all additional payments directly paid by the employer to the employee for the work performed).
Labour Code Art.193

Workers' health

Employees working at night may receive free health assessments in accordance with the procedure by the Government, also on their request.

Night work is prohibited for employees who have been found to be unfit for night work by a healthcare institution.
Labour Code Art.154(3),(6)

Transfers

If it is established that work at night has harmed or may cause harm to the employee’s health, the employer must, on the basis of the conclusion of a health care institution, transfer the employee to do day work only.
Labour Code Art.154(6)

Special categories


Young workers

Night work is prohibited for employees under 18 years old.
Labour Code Art.154(3)

Pregnant workers/recent birth

Pregnant workers, women who have recently given birth and breastfeeding workers must give their consent to perform night work.
Labour Code Art.154(4)

Parents

Employees raising a child under the age of 3 years and single parents raising a child under the age of 14 years or a disabled child under 18 years must give their consent to perform night work.
Labour Code Art.154(4)

Disabled workers

Disabled workers, if not prohibited by a conclusion of the Disability and Working Capacity Assessment Office under the Ministry of Social Security and Labour, may be assigned to work at night only with their consent.
Labour Code Art.154(4)

SHIFT WORK


Criteria for shift work

Employees must keep to work schedules and the employer shall ensure a consistent rotation of working shifts.
Working time schedules shall be announced publicly in information boards of enterprises and their divisions not later than two weeks in advance.
Labour Code Art.147(3)

Schedule

It shall be prohibited to assign an employee two consecutive working shifts.

Wherever possible, employees raising children under fourteen years old shall have priority when choosing a working shift.
Labour Code Art.147(4)(5)

ON-CALL WORK


Criteria

In extraordinary cases, when it is necessary to ensure proper operation of the enterprise or completion of urgent work, the employer may assign an employee to on-call duty at the enterprise or at home after the working day, on rest days or public holidays not more often than once a month or, with the consent of the employee, not more often than once a week.
Labour Code Art.155(1)

Prohibitions and limitations

Persons under eighteen years old may not be assigned to on-call duty at the enterprise or at home. Pregnant women, women who have recently given birth and breast-feeding women, employees raising a child under three years of age, employees alone raising a child under fourteen years of age or a disabled child under eighteen years of age, persons taking care of a disabled person, the disabled, if not prohibited by a conclusion of the Disability and Working Capacity Assessment Office under the Ministry of Social Security and Labour, may be assigned to on-call duty at the enterprise or at home only with their consent.
Labour Code Art.155(4)

Limits


Daily hours limit

The duration of on-call duty at the enterprise together with the duration of a working day (shift) (when an employee is assigned to on-call duty after the end of a working day), may not exceed the maximum duration of a working day shift set in 8 hours.
Labour Code Art.155(2)

Overtime work

When the working hours limits are exceeded a rest period of the same duration must be given during next month, or upon the employee’s request this rest period may be added to the employee’s annual leave, or paid as for overtime work.
Labour Code Art.155(3)

Calculation of working time

On-call duty at the enterprise shall be counted as full working time, and on-call duty at home shall be counted as at least half of working time in the enterprise.
Labour Code Art.155(2)

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


Reasons for request


General

Part-time work may be set by agreement between the employee and the employer, or at the request of the employee in the following circumstances:
- when is requested due to his health status according to a conclusion of a health care institution.
- at the request of a pregnant woman, a woman who has recently given birth, a breast-feeding woman, an employee raising a child under three years old, as well as an employee who is alone raising a child under fourteen years old or a disabled child under eighteen years old.
-at the request of an employee who is under 18 years old.
-at the request of a disabled person according to a conclusion issued by the Disability and Working Capacity Assessment Office under the Ministry of Social Security and Labour.
- at the request of an employee nursing a sick family member according to a conclusion of a health care institution.
Labour Code Art.146(1)

Parents

Part time may be introduced on request of an employee raising a child under three years old, as well as an employee who is alone raising a child under fourteen years old or a disabled child under eighteen years old.
Labour Code Art.146(1)

Carers

Part-time may be introduced at the request of an employee nursing a sick family member according to a conclusion of a health care institution.
Labour Code Art.146(1)

INFORMATION & CONSULTATION

Relevant provisions on "information and consultation" have not been identified.

Results generated on: 01st December 2021 at 18:47:35.

 
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