ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Contact us
> TRAVAIL home > TRAVAIL legal databases

Luxembourg - Working time - 2011


LAST UPDATE

4 October 2012
click on this symbol to show or hide remarks

SOURCES


Name of Act

Act of 31 July 2006 to Establish a Labour Code, Official Journal of 29 August 2006, No. 149, pp.2456-2651, as amended up to 18 August 2012.
click on this symbol to show or hide remarks

Other source used

The website of the Ministry of Labour and Employment.
click on this symbol to show or hide remarks

Other source used

The website of the Government of Luxembourg (Gouvernement du Grand-Duché de Luxembourg).

Other source used

The Luxembourg Business Portal (Guichet Entreprises).

LEGAL DEFINITIONS


Working time/working hours

The period during which the worker is at the disposal of the employer. Excludes rest periods during which the worker is not at the disposal of the employer.
Labour Code Art. L211-4

Employee/worker

"Employee" shall mean any person employed in the public or private sector and persons who receive a professional training.
Labour Code Art. L211-1

Overtime/overtime work

"Overtime" shall mean the work which is performed beyond daily and weekly limits of normal hours of work.
Labour Code Art.L211-22

Part-time work(er)

"Part-time" work shall mean the work which has a weekly duration shorter than regular working hours for an specific occupation prescribed under the law or collective agreement.
Labour Code Art.L123-1

Night work(er)

"Night work" shall mean the work carried out in the interval between 22.00 and 06.00 for all sectors excluding hotel and catering and the interval between 23.00 and 6.00 for hotel and catering.

"Night workers" shall mean the workers who perform at least 3 hours of their working time during the night work period or workers who, by virtue of a collective agreement, are likely to perform night work at least one-fourth of their total annual work hours.
Labour Code Art. L. 211-14., L. 212-8.

Shift work(er)

Shift work is the type of work which, by reason of its nature, is scheduled in successive shifts to prevent the interruption or delays in the working performance.
Labour Code Art. L. 211-19

Domestic worker

"Domestic work" shall mean the work of domestic nature performed for a household. This category of work does not include equivalent tasks performed in hotels, restaurants, hospitals and other establishments.
Labour Code Art. L. 211-2

Young worker

"Young worker" or adolescent worker shall mean a person of 15 to18 years old not subject to compulsory school, who has entered into an employment contract with an employer in the territory of Luxembourg.

A child is a person below 15 years old, who is generally not allowed to work except some cases defined by the law.
Labour Code Art.L341-1, L341-2

NORMAL HOURS LIMITS


Daily hours limit


General limit

The general daily limit is 8 hours but daily work may be extended up to 10 hours, including overtime work.
Labour Code Art.L211-5, L211-12
Historical data (year indicates year of data collection)
  • 2009: The general limit is 8 hours but daily work cannot be more than 10 hours.
  • 2007: 8 hours

Exceptions

In strictly defined sectors, where there is an exceptional seasonal work overload collective agreements can permit 12 hour daily and 60 hour weekly limits for a period of up to six weeks. The terms of the collective agreement, including the amount of compensatory time off, must be authorised by the Minister of Labour.

Where no compensation system is in place, each hour worked beyond 8 hours a day and 40 hours a week must be paid as overtime. Where a compensation system exists, each hour worked beyond 10 hours per day or 48 hours per week must be paid as overtime.
Labour Code Art.L211-8, article L211-9, L211-13

Special categories


» Young workers

Children below the age of 15 are generally not allowed to work except some cases defined by the law.
For adolescents (15 to 18 years old) the maximum working time is 8 hours a day.
Labour Code Art. L342-1, L342-3, L342-4, L 344-7

Weekly hours limit


General limit

The general weekly limit is 40 hours, but weekly work may be extended up to 48 hours including overtime work.
Labour Code Art. L211-5, L211-12
Historical data (year indicates year of data collection)
  • 2009: The general limit is 40 hours and weekly working hours can generally not exceed 48 hours.
  • 2007: 40 hours
  • 1995: 40 hours.

Reference period(s)

A reference period in which this average has to be achieved may be extended or reduced by collective agreement , but may not extend beyond 12 months.
Labour Code Art.L211-6, L211-7, L211-8

Exceptions

In strictly defined sectors, where there is an exceptional seasonal work overload collective agreements can permit 12 hour daily and 60 hour weekly limits for a period of up to six weeks.

The terms of the collective agreement, including the amount of compensatory time off, must be authorised by the Minister of Labour.

Where no compensation system is in place, each hour worked beyond 8 hours a day and 40 hours a week must be paid as overtime. Where a compensation system exists, each hour worked beyond 10 hours per day or 48 hours per week must be paid as overtime.
Labour Code Art.L211-13

Special categories


» Young workers

For adolescents (15 to 18 years old) the maximum working time is 40 hours a week.
Labour Code Art. L344-7

OVERTIME WORK


Criteria for overtime


General

"Overtime" shall mean the work which is performed beyond daily and weekly limits of normal hours of work.
As a general rule, overtime is only authorised under the following conditions:
- to allow special work to be carried out (inventories, liquidations, etc.);
- to avoid the loss of perishable products or the results of work;
- in the case of force majeure involving public interest or danger at national level.
Labour Code Art. L. 211-22, L211-23

Limits on overtime hours


General limits

The worker can not perform more than 2 hours of extra work per day. Therefore the worker shall not perform work more than 10 hours daily.
Labour Code Art.L211-26
Historical data (year indicates year of data collection)
  • 2009: Maximum limit (including overtime) of 10 hours per day Maximum limit (including overtime) of 48 hours per week
  • 2007: 40 hours per week over a 4 week reference period. Maximum limit (including overtime) of 10 hours per day Maximum limit (including overtime) of 48 hours per week
  • 1995: Maximum 10 hours a day, including overtime 2 hours per day.

Compensation for overtime work


Overtime rate(s)

Where overtime work is compensated financially, the worker shall be provided with a 40% increase over hourly wage for each extra hour worked.
Labour Code Art. L211-27
Historical data (year indicates year of data collection)
  • 2009: 25% increase over houly wage for each extra hour worked (blue collar workers). 50% increase for each extra hour worked (white collar workers).
  • 2007: 25% increase
  • 1995: 50% premium. 70% for work on Sunday and 100% on public holidays.

Exceptions

The conditions regarding compensatory time off and payment of overtime do not apply to senior managers (managerial positions with no fixed working hours in return for a significantly higher salary).
The Luxembourg Business Portal

Compensatory rest

If overtime work is not compensated financially, one and a half hours of paid leave for each hour of overtime worked shall be provided.
Labour Code Art.L211-27

Compensation procedure

The hours worked may either be paid or taken as compensatory time off by the salaried worker.
The payment of overtime hours is exempt from taxes and partially exempt from social security contributions.
Labour Code Art. L. 211-27.
The Luxembourg Business Portal

Notice of requirement to work overtime


General provisions

Work Plan must be established at least five weekdays before the reference period for that purpose and be submitted to the staff delegation.
Labour Code Art. L212-6

Special categories


Part-time work

For part-time workers, overtime:
- is only possible on a voluntary basis;
- may not exceed the duration of the normal working time for a full-time employee;
- must be governed by the employment contract.
The Luxembourg Business Portal

Young workers

Overtime work is prohibited for young workers, except in cases of force majeure and work necessary for the normal function of the undertaking.
If young workers perform overtime work they have to get a salary increase of 100 percent.
Labour Code Art. L344-10

Pregnant workers/recent birth

The employer cannot oblige pregnant or breastfeeding women to work overtime. They may, however, work overtime on a voluntary basis.
The Luxembourg Business Portal

SCHEDULES


General

The employer may determine a reference period during which the work time may be subject to flexibility. In order to do so, the employer must set up:
- either a working hours plan (plan d’organisation du travail - POT);
- or flexible working hours (flexitime).

To this respect the employer may introduce a reference period during which the salaried workers can work for more than 8 hours a day or 40 hours per week provided that:
- the average weekly work time over a period of 4 consecutive weeks does not exceed 40 hours;
- and that the maximum work time is not exceeded (i.e. 10 hours a day and 48 hours per week).
The reference period is usually 4 weeks or 1 month. Where the reference period is part of a collective agreement, it may be shorter or longer but cannot exceed 12 months maximum.
The Luxembourg Business Portal

REST PERIODS


Rest breaks


General provisions

Where the daily work time exceeds 6 hours, each salaried worker is entitled to one or more rest periods, paid or not.
Labour Code Art. L211-16
Historical data (year indicates year of data collection)
  • 2009: The worker is entitled to at least one break after a minimum daily work period of 6 hours. The rest breaks are to be specified in a collective agreement and may be paid or unpaid, provided that only one rest break may be unpaid.
  • 2007: The worker is entitled to at least one break after a minimum daily work period of 6 hours. The rest breaks are to be specified in a collective agreement and may be paid or unpaid, provided that only one rest break may be unpaid.
  • 1995: No generally applicable provision.

Special categories


» Young workers

After 4 hours of work, young workers shall enjoy a paid or unpaid rest break of at least 30 consecutive minutes

Young workers who are working with adults enjoy rest breaks in the same extent as adults.
Labour Code Art. L344-11

Daily rest periods


Duration

The worker is entitled to a rest period of 11 consecutive hours within a 24 hour period.
Labour Code Art. L211-16
Historical data (year indicates year of data collection)
  • 2009: The worker is entitled to a rest period of 11 consecutive hours within a 24 hour period.
  • 2007: The worker is entitled to a rest period of 11 consecutive hours within a 24 hour period.
  • 1995: 10 hours.

Special categories


» Young workers

Young workers are entitled to a rest period of at least 12 consecutive hours within a 24 hour period.
Labour Code Art.L344-12

Weekly rest periods


Duration


» General

The employer must grant a rest period of minimum 44 consecutive hours within each 7 day period.

A supplementary one-day leave is granted when overtime work amounts to 8 hours.
Labour Code Art.L231-1, L. 211-27.
Historical data (year indicates year of data collection)
  • 2009: Continuous period of 44 hours.
  • 2007: Continuous period of 44 hours.
  • 1995: 44 consecutive hours.

Day specified


» General

Sunday is generally recognised as the day during which falls the weekly rest period in either the public and the private sector.
Labour Code Art. L231-1

Work on weekly rest day


» Criteria

Work on a weekly rest day is permitted for:
- family undertakings;
- surveillance of business premises;
- work necessary for the continuous operation of a business (cleaning, repair and preservation work) or in order to enable activities to resume on a Monday (other than production);
works necessary to avoid the deterioration of raw materials or products (on condition that they cannot be carried out on another day of the week);
- urgent works which are necessary to arrange rescue measures, avoid imminent accidents or repair damage to equipment, installations or buildings.
Labour Code Art. L231-2, L231-3, L231-4, L231-5

» Compensation (for working on a rest day)

If a worker performs more than four hours of work on a Sunday, he or she has a right to a full day of paid compensatory leave. If the worker worked less than 4 hours a Sunday he or she is entitled to half a day paid rest.

In addition to that, the worker is entitled to get the 70% of his/ her salary in cash for every hour worked on a Sunday.

Adolescent workers who work on a Sunday or Public Holiday get a 100% increase of their salary.
Labour Code Art. L344-14, L231-7

» Prohibitions and limitations

In principle, Sunday work (from midnight to midnight) is prohibited for all employees and apprentices.
Labour Code Art. L231-1

Special categories


» Shift workers

Derogations from the application of the general weekly rest period are possible for undertakings where work is organized by continuous shift work.

Teams of shiftworkers working during the night of Saturday to Sunday may not work later than 6:00 on Sunday moring. They shall benefit from an uninterrupted rest period until 6:00 on Monday. If Sunday work exceeds 4 hours, a minimum of one days’ rest; if work is less than 4 hours, a half-days’ rest.
Labour Code Art.L231-6

» Young workers

In the course of each 7 days, young workers shall enjoy a consecutive rest period of 2 days, which must include, in principle, the Sunday.

It is generally prohibited for young workers to work on Sundays and on statutory public holidays, except in certain sectores; medical work, socio-educational, catering and child-care institutions (every second Sunday must be free, except during the months of July and August).
Labour Code Arts.L344-12, L344-13

» Domestic workers

Domestic workers are excluded from the application of the provisions on the weekly rest period provided by the Labour Code.
Labour Code Art. L. 231-6. ((1)10)

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

Except if approved by the employer, the new employee must, in principle, work for an uninterrupted period of 3 months before being granted the right to take the holiday accumulated since the start of his work contract.
Labour Code Art. L233-6

Duration


» General

The legal duration of annual leave is set to 25 working days per year.

Supplementary leave of 6 days for workers with disabilities and for physically or mentally disabled persons.

For the first year the employee can claim 1/12 of the holidays for every month worked.
Labour Code Art. L233-4, L. 233-7.
Historical data (year indicates year of data collection)
  • 2009: 25 days per year. Supplementary leave of 6 days for workers with disabilities and for physically or mentally disabled persons.
  • 2007: 25 days per year. Supplementary leave of 6 days for workers with disabilities and for workers who do not benefit from 44 hours of continuous weekly rest. One extra day of leave is granted for enrollment in military service.
  • 1995: 25 working days.

Payment


» Amount

An employer must continue to pay the employee during the period of paid annual leave.

Leave allowance represents the employee’s average salary, including overtime and fringe benefits:
- during the 3 months prior to the leave;
- or the past 12 months for employees whose pay is subject to significant variations (salary paid as a percentage of sales, depending on turnover, etc.).

Non-regular payments (bonuses, performance-related bonuses, etc.) are not taken into account.
Labour Code Art.L233-14

Schedule and splitting

Annual leave must be approved at least one month in advance upon request from the employee.
The employee may, in principle, plan his leave as he wishes. Nevertheless, the employer may object:
- due to operational requirements, or;
- due to the justified wishes of other employees (e.g.: in certain businesses, priority is given to employees with children).

However, the employer cannot impose individual leave dates without the employee’s approval nor force him to take unpaid leave.

If the holiday leave is split up, it must include at least one period of 12 consecutive working days (except in the event of an agreement between the employer and employee).

The employer must in principle grant leave and the employee must take it in full during the year in question. However, annual leave may be deferred:
- until 31 December of the following year, on the employee’s request, if it consists of leave accumulated during the first year of work for the employer that could not be taken in full;
- until 31 March of the following year; if the employee was not able to take his leave due to operational reasons or the justified wishes of other employees; or if the employee still has days of annual leave when going on maternity leave, adoption leave or parental leave.
- until after the date of the return to work if the employee has not been able to take annual leave due to sick leave (illness, sick leave due to an accident at work or occupational illness).
Labour Code Arts.L233-8, L233-9, L233-10
The Luxembourg Business Portal

Special categories


» Young workers

Young workers are entitled to an annual leave period with a minimum duration of 25 working days per year, without prejudice of more generous provisions set by collective agreeements.
Labour Code Art.L344-16

» Agricultural workers

Employees in the agricultural and viticultural sector may not request leave between 1 June and 31 October.
The Luxembourg Business Portal

PUBLIC HOLIDAYS

If a public holiday falls on a Sunday, one additional compensatory leave day within three months. If needs of the undertaking do not allow it, before end of calendar year, except for public holidays during November and December, which are to be taken within the three following months.

No additional financial compensation is provided for workers who by his or her fault has not worked the eve or day following public holiday; or, who is absent during more than three days during the 25 day period preceding the public holiday without producing justification, even with valid abscence reasons.
Labour Code Art. L232-3, L232-9

Number and dates

10 days: New Year, Easter Monday, 1st of May, Ascension, Monday of Pentecoste, Birthday of the Grand Duke on 23 June, Assomption, All Saints`Day, First and Second Day of Christmas.
Labour Code Art.L232-2

Payment

Public Holidays are to be enjoyed with pay in the amount that corresponds to the regular hours of work.
Labour Code Art.L. 232-6.

Work on Public Holidays


» Compensation

For work undertaken on public holidays, financial compensation is increased by 100% of normal wages.
Labour Code Art. L. 232-7.

EMERGENCY FAMILY LEAVE

The worker is entitled to full paid leave by personal reasons in the following cases and in the following duration:
- One day to subscribe for military service,
- Two days for the childbirth of a legitimate child, a child’s marriage, in case of house moving, or in case of welcome his adopted child younger than 16 years old.
- Three days for the death of a spouse or close relative; and
- Six days for a worker’s marriage.
Labour Code Art.L233-16

PART-TIME WORK


General provisions

"Part-time" work shall mean the work which has a weekly duration shorter than regular working hours for an specific occupation prescribed under the law or collective agreement.
Labour Code Art.L123-1

Limits


Daily hours limit

In a period of 4 weeks the daily hours limit cannot be more than the normal hours limit fixed in the contract.
The daily hours limit cannot be more than 20% of the hours limit fixed in the contract.
Labour Code Art. L123-1

Weekly hours limit

The weekly hours cannot exceed 20 % or the hours agreed in the contract. In a four week average the hours cannot exceed the hours agreed in the contract.
Labour Code Art.L123-1

Overtime work

Overtime work can only be conducted when there is a consent between worker and employer. Overtime work cannot exceed the normal hours of a full time worker.
Labour Code Art. L123-5

Right to equal treatment

Part-time workers are entitled to the same rights as those recognized for full-time workers under laws or collective agreements.
Labour Code Art. L123-6

Right/scope

Part-time workers shall enjoy the same rights to which they are entitled full-time workers, in particular with respect to remuneration, length of service, severence pay and probation periods.
Labour Code Art. L123-6, L123-7, L123-8

NIGHT WORK


Criteria for night work

"Night work" shall mean the work carried out in the interval between 22.00 and 06.00 for all sectors excluding hotel and catering and the interval between 23.00 and 6.00 for hotel and catering.

"Night workers" shall mean the workers who perform at least 3 hours of their working time during the night work period or workers who, by virtue of a collective agreement, are likely to perform night work at least one-fourth of their total annual work hours.
Labour Code Art. L. 211-14., L. 212-8.

Limits


Daily hours limit

The employer must ensure that the normal working time for night workers does not exceed 8 hours on average per 24-hour period calculated over a 7-day period.

Night workers carrying out hazardous jobs cannot, under any circumstances, work more than 8 hours for every 24-hour period.

’Mobile’ workers (road transport) who work at night must not work more than 10 hours during each 24-hour period, except if:
- the night work does not exceed 2 hours, twice per week;
- if there is a two-man crew.
Labour Code Art. L211-15, L211-17, L211-10
The Luxembourg Business Portal

Overtime work

Overtime work is the work performed exceeding the working time limits. It can only be performed with the authorisation of the Minister of Labour under the following conditions:
- to allow special work to be carried out (inventories, liquidations, etc.);
- to avoid the loss of perishable products or the results of work;
- in the case of force majeure involving public interest or danger at national level.
Labour Code Art. L211-22, L211-23, L211-24

Rest breaks

Where the daily work time exceeds 6 hours, each salaried worker is entitled to one or more rest periods, paid or not.
Labour Code Art. L211-16

Daily rest periods

Every worker shall enjoy a daily rest period of at least 11 consecutive hours.
Labour Code Art. L211-16

Compensation

The employer only has to make additional payments for night work if a collective agreement is in place; or in the HORECA (hotel, restaurant and catering) sector.

Additional payments for each hour worked at night are; 15 % minimum for all sectors if a collective agreement is in place in the business (the exact rate of the increase is thereby set by this agreement); or 25 % from 01:00 h in the morning in the hotel and catering sector (either in compensatory leave or in cash).
Additional payment for night work is exempt from taxes.
Labour Code Art. L. 212-8.
The Luxembourg Business Portal

Workers' health

Nightworkers are entitled to a medical examination before the start of their employment and after that at regular intervals.
The employer must transfer the nightworker to a suitable daytime position if a medical examination has determined that the night-work has been harmful for the worker’s health.
Labour Code Art.L326-1, L326-9

Special categories


Young workers

Young workers may not work during the night, i.e. for a period of 12 consecutive hours including the compulsory interval between 20.00 and 6.00 in the morning.

Exceptions can be made by decree in some cases. For example, for businesses and services operating continuously, adolescents are authorised to work until 22.00.
Labour Code Art.L.344-15
The Luxembourg Business Portal

Pregnant workers/recent birth

Pregnant workers cannot be required to work between 22:00 and 6:00 except if an occupational physician finds it necessary for the woman’s safety and health. This is also applicable to breastfeeding workers, until the child’s first birthday. If these conditions are met, the employer must transfer women workers to a day post, keeping the same salary as under night work, during the necessary period for the worker’s safety and health, as fixed by an occupational physician.
Labour Code Art.L333-1, L333-3
The Luxembourg Business Portal

SHIFT WORK


Criteria for shift work

Shift work is the type of work which, by reason of its nature, is scheduled in successive shifts to prevent the interruption or delays in the working performance.
Labour Code Art. L. 211-19

Limits


Daily hours limit

Shift workers may work longer than 8 hours per day, up to 10 hours daily.
Labour Code Art.L. 211-19

Weekly limit

Shift workers may work longer than 40 hours per week, provided that the working average duration calculated over a period of 4 consecutive weeks does not exceed 40 hours.
Labour Code L. 211-19.

Weekly rest period

Derogations from the application of the general weekly rest period are possible for undertakings where work is organized by continuous shift work.

Teams of shiftworkers working during the night of Saturday to Sunday may not work later than 6:00 on Sunday moring. They shall benefit from an uninterrupted rest period until 6:00 on Monday. If Sunday work exceeds 4 hours, a minimum of one days’ rest; if work is less than 4 hours, a half-days’ rest.
Labour Code Art.L231-6

ON-CALL WORK

Relevant provisions have been not identified.

FLEXITIME


Criteria

The employer may determine a reference period during which the work time may be subject to flexible working hours (flexitime).
The Luxembourg Business Portal

Limits


Daily hours limit

The maximum work hours cannot exceed 10 hours per day
The Luxembourg Business Portal

Weekly limit

The maximum work hours cannot exceed 48 hours per week.
The Luxembourg Business Portal

CASUAL WORK

Relevant provisions have been not identified.

SHORT-TIME WORK/WORK-SHARING


General provisions

In cases of economic crisis when the economic downturn is cyclical and temporary the employer can reduce the normal working hours. The government after the report of the committee of economic activity defines in which branches the reduction of working hours is inevitable. The employer can make a request for state subsidies in case of reduced working hours after consulting the works councils and unions. State subsidies can be given to the employers when the above criteria are fulfilled. The decision to grant a subsidiy are reviewed every month.
Labour Code Art. L511-1, L511-2, L511-3, L511-4, L511-6, L511-10, L511-11

RIGHT TO CHANGE WORKING HOURS


Type of changes permitted

Employees requesting changes to full-time work or to part-time work benefit from priority with respect to information on available positions within the enterprise.

The employer must, as far as possible, transfer the worker to a suitable position if a medical examination has determined that the performance of work has been harmful for the worker’s health.
Labour Code Art. L123-3, Art. L. 326-9.

Reasons for request


Parents

Parents have a right to parental leave of six months per child to care for children younger than five years of age. The leave can be taken as 12 months of part-time work.
Labour Code Art. L234-43, L234-44

INFORMATION & CONSULTATION


Information

The employer shall provide monthly information to the workers´ representatives about the development and the economic situation of the company as well as any information regarding occupational hazards and implementing safety protocols.
Labour Code Art.L. 414-4.

Consultation

The employer shall consult with the worker´s representatives any decision leading to substantial changes in the work organization, contractual matters, collective redundancies and the maintainance of worker´s rights in the event of the business transfer.
Labour Code Art.L. 414-4.


San Marino - Working time - 2011


LAST UPDATE

22 November 2011

SOURCES


Name of Act

Declaration of the Citizens’ Rights and Fundamental Principles of San Marino (Dichiarazione dei diritti dei cittadini e dei principi fondamentali dell’ordinamento sammarinese. Testo coordinato della Legge 8 luglio 1974, n.59, con le modifiche derivanti dalle Leggi 19 settembre 2000, n.95 e 26 febbraio 2002, n.36)

Name of Act

Act No.7 respecting the protection of labour and of workers (Legge per la tutela del lavoro e dei lavoratori), of 17 February 1961.

Name of Act

Act No.1, respecting the protection of labour in San Marino, of 27 January 1949.

Name of Act

Decree No.123 (Decreto Delegato No.123, sulla disciplina delle prestazioni di lavoro occasionali, 8 settembre 2009) of 8 September 2009.

Name of Act

Decree No.147 (Decreto Delegato No.147, ratifica decreto delegato No.123 sulla disciplina delle prestazioni di lavoro occasionali) of 26 October 2009.

Name of Act

Act No.27, respecting the protection of apprenticeship (Legge per la tutela dell’apprendistato) of 11 September 1961.

Name of Act

Decree No.63 (Decreto sulla chiusura infrasettimanale degli esercizi commerciali) of 28 May of 1986.

Name of Act

Decree No. 74 (Ratifica Decreto 28 maggio 1986 n. 63, chiusura infrasettimanale degli esercizi commerciali) of 2 July 1986.

Name of Act

Decree No.5 (Decreto ratifica della convenzione No.138 dell’ Organizzazione Internazionale del Lavoro sull’eta minima di admissione al lavoro) of 17 June 1995.

Name of Act

Law No. 138 of 20 November 1987 fixing the regime of part-time (Legge No.138, 20 novembre 1987 sulla disciplina del lavoro a tempo parziale).

Name of Act

Law No.152 of 18 December 1990 (Legge No.152 di 18 dicembre 1990 Calendario delle Festivi)

Name of Act

Law No.40 of 25 May 1981 fixing the equality men and women at work (Legge No.40, 25 maggio 1981 di parità tra uomo e donna in materia di lavoro).

Name of Act

Law Decree No.156 of 5 October 2011 (Decreto Legge no.156 5 ottobre 2011 interventi urgenti per la semplificazioni e l¿efficienza del mercato del lavoro)

LEGAL DEFINITIONS


Part-time work(er)

Part time work is the work performed regularly with a reduction of the normal hours of work provided by the Law and Collective Agreements and performed during a reference period of; day, week, month or year.
Law No. 138 Art.1

Night work(er)

Night work is the work performed in the interval between 22:00 and 06:00 of the following day.
Law No.40 Art.3
Act No.7 respecting the protection of labour and of workers Art.16

Young worker

Young worker is the worker of either sex between 14 and 18 years old.
Workers from 14 years old until the age of 20 shall enter into a contract of apprenticeship.
Act No.27, respecting the protection of apprenticeship Art.4, 8

NORMAL HOURS LIMITS


Daily hours limit


General limit

No worker shall perform more than 8 hours per day.
Act No.7 respecting the protection of labour and of workers Art.16

Exceptions

The limitations in the hours of work shall not apply to the heads of undertakings nor to persons in supervisory posts.
Act No.7 respecting the protection of labour and of workers Art.18

Special categories


» Young workers

The apprentice’s daily hours of work shall not exceed 8.
Act No.27, respecting the protection of apprenticeship Art.8

Weekly hours limit


General limit

No worker shall perform more than 48 hours per week.
Act No.7 respecting the protection of labour and of workers Art.16

Exceptions

In case of salaried employees the weekly hours limit is fixed in 44 hours.

The limitations in the hours of work shall not apply to the heads of undertakings nor to persons in supervisory posts.
Act No.7 respecting the protection of labour and of workers Art.16,18

Special categories


» Young workers

The apprentice’s weekly hours of work shall not exceed 48. In the case of young persons under 18 years old, the maximum shall be 44 hours per week.
Act No.27, respecting the protection of apprenticeship Art.8

OVERTIME WORK


Limits on overtime hours


General limits

Applications for permission for overtime work shall be submitted to the Labour Inspectorate, which shall grant permission for not more than two hour a day.
Act No.7 respecting the protection of labour and of workers Art.16

Restrictions/exceptions

The limitations in the hours of work shall not apply to the heads of undertakings nor to persons in supervisory posts.
Act No.7 respecting the protection of labour and of workers Art.18

Compensation for overtime work


Overtime rate(s)

Overtime work shall be paid for at time-and-a-quarter rates.
Act No.7 respecting the protection of labour and of workers Art.16

Compensatory rest

It is unlawful to give time off to compensate for overtime work.
Act No.7 respecting the protection of labour and of workers Art.16

REST PERIODS


Weekly rest periods


Duration


» General

The duration of the rest period shall be 24 consecutive hours.
Act No.7 respecting the protection of labour and of workers Art.18

» Exceptions

The weekly rest period shall not apply to the heads of undertakings nor to persons in supervisory posts.
Act No.7 respecting the protection of labour and of workers Art.8

Day specified

The Sunday shall be a rest day.
Law No.152 Art.1

» General

Workers shall be entitled to weekly rest on Sundays.
Act No.7 respecting the protection of labour and of workers Art.18

» Exceptions

The weekly rest may, exceptionally, be taken on another day of the week where this is made necessary by a rota system or the requirements of the work.
Act No.7 respecting the protection of labour and of workers Art.18

Work on weekly rest day


» Criteria

Working on a weekly rest day is only permitted in exceptional circumstances and upon the authorization of the Labour Inspectorate.
Act No.7 respecting the protection of labour and of workers Art.16

» Compensation (for working on a rest day)

The compensation for working on a weekly rest day shall be paid at double-times rate.
Act No.7 respecting the protection of labour and of workers Art.16

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE

Entitlement to annual leave cannot be waived.
Act No.7 respecting the protection of labour and of workers Art.19

Duration

All workers shall be entitled to annual leave with pay, varying from 1 to more than 15 years’ service from 10 to 20 days a year for wage earners and from 1 to more than 12 years’ service from 10 to 12 days a year for salaried employees and intermediary staff.
Act No.7 respecting the protection of labour and of workers Art.19 and Schedule B

Schedule and splitting

The period of annual leave shall, as far as possible, be continuous.
The time of year when the annual leave may be taken shall be fixed by agreement between employer and the worker , account being taken of work requirements and other circumstances applying.
Act No.7 respecting the protection of labour and of workers Art.19

Special categories


» Young workers

An apprentice shall be entitled to a period of annual leave with pay not exceeding 20 days (in the case of young persons and under 16 years old) or 15 days (in the case of apprentices of 16 years old or over).
Act No.27, respecting the protection of apprenticeship Art.11

PUBLIC HOLIDAYS

Workers shall be entitled to rest on the civil and religious holidays prescribed by the Grand General Council(in the case of State employees and employees of public undertakings) or by decision of the trade unions, as indicated in an annual calendar(in the case of workers in the employ of private employers).
Act No.7 respecting the protection of labour and of workers Art.18

Number and dates

Public holidays are religious, civil and natinal holidays;
Religious:
1st of January: Maria Santissima Madre de Dio; 6 January: Epifania del Signore; Santissimo Corpo e Sangue di Cristo (Thrusday after the Sunday of the SS Trinitá Santissimo); 15 August: Assunzione della Beata Vergine Maria; 1st of November: Tutti i Santi; the Second of November: Commemorazione dei defunti; 8 December: Immacolata Concezione della Beata Vergine Maria; 25 December: Natale del Signore.
Civil:
Easter Monday; the 26th of December.
Civil and National:
The 25th of March: Arengo; the 1st of April and the 1st of October: Ingresso dei Capitani Reggenti;the 1st May: Festa del lavoro; the 28th July: Caduta del Fascismo.
Law No.152 Art.1

Work on Public Holidays


» Criteria

Working on a weekly rest day is only permitted in exceptional circumstances and upon the authorization of the Labour Inspectorate.
Act No.7 respecting the protection of labour and of workers Art.16

» Compensation

The compensation for working on a holiday day shall be paid at double-times rate.
In addition, the compensation for working on a national holiday day shall be paid at triple-times rate.
Act No.7 respecting the protection of labour and of workers Art.16

EMERGENCY FAMILY LEAVE

A worker shall be entitled to 15 days paid leave on the occasion of his marriage.
Act No.7 respecting the protection of labour and of workers Art.22

PART-TIME WORK


General provisions

Part time work is the work performed regularly with a reduction of the normal hours of work provided by the Law and Collective Agreements and performed during a reference period of; day, week, month or year.
Law No. 138 Art.1

Limits

Part-time working hours shall not be lower than 4 hours per day, 18 hours per week, 78 per month and not less than the 50% of the normal hours of work fixed by contract.
Law No. 138 Art.1

NIGHT WORK


Criteria for night work

Night work is the work performed in the interval between 22h and 6h of the following day.
Law No.40 Art.3

Compensation

Workers performing night shall ba paid at a rate of time-and-a-quarter in the case of normal work and time-and-a-half in the case of exceptional work, and an increase of 15% in the case of shift work.
Act No.7 respecting the protection of labour and of workers Art.16

Special categories


Young workers

It shall be unlawful to cause apprentices to work between 10 p.m. and 8 a.m. without the prior authorisation of the Labour Inspectorate, which shall grant such authorisation when the special nature of the work warrants it, after consulting the Public Health Office, and only in the case of activities which are only carried on at night.
Act No.27, respecting the protection of apprenticeship Art.8

SHIFT WORK

Workers performing night work shall ba paid at a rate of time-and-a-quarter in the case of normal work and time-and-a-half in the case of exceptional work, and with an increase of 15% in the case of shift work.
Act No.7 respecting the protection of labour and of workers Art.16

CASUAL WORK


General provisions

Casual work is the work performed out of the normal hours of work, that may be carried out on Saturdays, Sundays or holidays normally in occupations related to; entertainment and leisure, hotel and restaurants and commerce.

Casual work is a kind part time work for addressing occasional or extraordinary needs of work and subject to a specific limitation of hours per year.
Decree No.123 Art.1,2

Normal hours limit

Workers engaged in casual work shall not be employed in more than 35 weeks during the same year and for not more than 70 working days.
Decree No.123 Art.2

RIGHT TO CHANGE WORKING HOURS

In order to face personal or family issues, an employee with an indefinite contract may request to change working hours from a full time position to a part time, for a period not exceeding 18 months within a three years period.

In that case, the employer may hire another worker for a fixed term part-time position, to work the hours that the indefinite worker stops to perform, and also the employer may reduce his salary in an amount of up to 50%. If the worker who ask to change to a part time position is single and with dependant children the reduction on the salary is equal to 75%.
Law Decree No.156 Art.14

Results generated on: 05th July 2022 at 18:06:54.

 
^ top
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.