ILO is a specialized agency of the United Nations. Ministerial Resolution No. Remarks: According to the art. Supreme Decree No. Remarks: Covers all workers, young workers are excluded. The rest periods are not regarded as working time.
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ILO is a specialized agency of the United Nations. Remarks: The website of the National Congress Library is a good source of all kind of legislation. Decree Law No. Remarks: The Labour Code applies to all labour relations between employers and employees, except those in the public sector.
Law No. Ley Ley No. Working hours are periods during which a worker is required to work for his employer in conformity with the employment contract, or during which is is available to work without actually working, due to reasons for which the worker is not responsible.
Labour Code Art. Shall mean any natural person who performs intellectual or material services under the subordination and dependence of an employer according to a labour contract. Shall mean any natural person or legal entity using the intellectual or material services of one or more person s according to a labour contract.
Overtime is any time that exceeds the legal maximum limit or the agreed upon limit, if this latter is lower. Night work is work carried out between 10 p. Remarks: Definition of night work is not expressly provided.
However, the legislation states the prohibition of young workers of performing work during the interval between 10 p. Domestic workers are natural persons who perform continuously tasks, engaged in full time or part time work, and who render services of cleaning and assistance for a household.
Household drivers are also considered domestic workers. Workers who are between 18 and 15 years old can only conclude work agreements which do not threaten their health and development. In no case the working hours may exceed 10 hours per day.
Although no expressly provided, it seems that the 10 hours limit includes 2 hours of overtime. Historical data year indicates year of data collection : 10 hours maximum limit. The maximum daily hours shall not exceed 10 hours in total. In no case young workers may perform more than 8 hours of work per day. The rules on limitation of working hours set forth in other provisions of this Code shall apply to agricultural workers covered by this chapter, in the manner specified in the regulations, according to the characteristics of the area or region, weather and other circumstances of agriculture.
To this respect, it seems that the 10 hours daily limit also apply to agricultural workers. Domestic workers living out of the household may work 12 hours maximum per day. However, domestic workers living in the household have no explicit limit and so this is subject to the nature of its work. The duration of the weekly hours may not exceed 45 hours. Historical data year indicates year of data collection : 45 hours : 48 hours. The limit of working hours is referred to a reference period of not less than 5 and not more than 6 days per week.
The 45 hour limit does not apply to: workers who have more than one employer; managers, administrators and all individuals who work without direct supervision; domestic workers and other professions in which work is performed outside the workplace.
Young workers studying primary or secondary education shall not perform tasks for more than 30 hours per week. To this respect, it seems that the 45 weekly hours limit also apply to agricultural workers. Overtime work is the work that exceeds the limits of the normal working hours, or the work which exceeds the time that was agreed between the parties.
Overtime can only be agreed to be performed as an exception to a temporary need of extra work. This agreement shall be made in written and temporary, for a maximum of three months, renewable upon the agreement of both parties. Historical data year indicates year of data collection : 2 hours per day : 2 hours per day. The increase of payment due to for overtime work is paid at the moment of payment of the ordinary wage.
The hours of work shall not be scheduled in a workweek with less than 5 or more than 6 days. Under written agreement between the employer and the employee is possible to convert a working day into a day off, if falls between two public holiday days or between one public holiday day and a Saturday or Sunday. This day shall be remunerated at the normal rate of payment, and the extra hours of work to be performed in exchange of this day off shall not count as overtime work.
Workers are entitled to enjoy at least half an hour of rest in a workday, which is not considered for the purposes of calculating the duration of the day work. Historical data year indicates year of data collection : Workers are entitled to at least a half an hour of rest. The work which is performed in continuous tasks may not imply the enjoyment of rest breaks.
Part time workers may enjoy a rest break of at least 30 minutes and not longer than one hour for have their meals. Domestic workers living out of the household shall enjoy one hour rest break which shall count as effective work.
Domestic workers living in the household shall enjoy a minimum of 12 hours of rest divided between the daily rest period and rest breaks during the working day. Normally the rest breaks have a duration of 3 hours that can be devided into parts. General provisions regarding the duration of this rest have not been identified.
Nonetheless, the legislation states that the hours of work in no case may exceed 10 hours per day. Historical data year indicates year of data collection : Workers are entitled to at least half an hour of rest. In case of emergency, firemen may have to perform work during their daily rest period.
They are entitled to compensatory rest within the next working day. The daily rest shall be enjoyed ininterrumped and normally has a duration of 9 hours that can be divided into parts. No provisions regarding the duration of this rest for domestic workers living out of the household. Nonetheless, the legislation states that daily hours of work shall not exceed 12 hours for this category of workers.
Therefore, it seems that the remaining 12 hours shall be the minimum duration of daily rest between shifts, for this category of workers. The Sunday one day shall be enjoyed as the weekly rest day. The weekly rest shall start at 9 pm of the Saturday and finish at 6 am of the Monday. Historical data year indicates year of data collection : 33 hours from on Saturday - on Monday : 1 day 24 consecutive hours.
The Sunday shall be enjoyed as the weekly rest day. Cases of force majeure and workers employed in the following activities are not covered by the provisions relative to the weekly rest: 1. The undertakings that are not covered by the provisions on the statutory weekly rest day shall compensate the employees working on Sundays and public holidays with another day of rest within the week. These rest periods may be granted to the whole staff or in shifts. The hours of work in weekly rest days are paid at normal rate unless they exceed the normal working hours in which case shall be compensated as overtime.
In the following cases, where work on a weekly rest is permitted, at least twice per month such rest shall be enjoyed on Sunday. This rule apply to: 1. The general provisions on weekly rest apply to shift workers unless alteration is necessary due to shift rotation. Domestic workers living out of the household shall enjoy the weekly rest provided in the general category. In order to be entitled to enjoy annual leave, workers shall have completed one year of service.
The duration of the annual leave is 15 working days. Workers performing work in specific regions shall be entitled to enjoy 20 working days of annual leave, and shall be taken with preference in summer or spring, according to the needs of the service.
Historical data year indicates year of data collection : 15 days : 15 days. Workers with ten years of employment, whether it has been for one or more employers are entitled to one additional day of leave for every three new years of work. This can be negotiated individually or through collective bargaining. Annual leave cannot be replaced by a compensation in cash. Annual leave shall be enjoyed at full rate of payment, that in case of regular workers shall be their wage, and in the case of those who enjoy different rates of payment, the average of the wages corresponding to the last 3 months.
The payment of annual leave shall be provided according to the formalities stated in the regulation. For the purposes of scheduling the annual leave, saturdays are always consdidered as official holiday days.
The annual leave shall be enjoyed continuously. However, after the 10 first days of annual leave, the remaining may be split by agreement. Annual leave may be accumulated and be enjoyed continuously up to two consecutive periods.
The employers may provide to all workers or part of workers of their establishments or undertakings, the enjoyment of annual leave at the same time for a minimum of 15 working days, for the purposes of closing temporarly this activity. Public holidays are rest days, and generally apply the same rules as for weekly rest days.
It is also public holiday the day of elaboration of the official census. Work on public holidays is allowed in cases of force majeure and for workers employed in the following activities: 1. Work on holidays shall be compensated with another day of rest. The hours of work on public holidays are paid at normal rate unless they exceed the normal working hours in which case shall be compensated as overtime.
Every worker shall be entitled to 7 consecutive days of paid leave in the event of death of spouse or child and 3 consecutive days of paid leave in the event of death of mother, father, or stillborn child. When the health of a child under 18 years old require personal attention from their parents because of; an accident with serious or terminal illness in its final stage, serious illness and likely risk of death, the working mother is entitled to leave her work in a number of hours equivalent to 10 ordinary working days per year, distributed at her choice on a full or part time work or a combination of both, all of which shall be counted as effective work.
If both parents work, one of them, at the choice of the mother, can enjoy this leave. Overtime for part-time workers can be agreed in the employment contract.
Working time cannot exceed a maximum of 10 hours per day. The employer and the worker may agree the different alternatives in the scheduling of working hours. Part time workers shall enjoy a period of rest not shorter than 30 minutes and not longer than on hour. Part time workers shall enjoy equal rights to those workers working full time.
It is prohibited the performance of night work in industrial undertakings and in commercial establishments for young workers under 18 years old in the interval between 10 p. During pregnancy female workers who regularly perform unhealthy tasks shall be transferred, without reduction in their salaries, to other posts not implicating a risk in their health. To this respect the performance of night work is considered unhealthy for pregnant workers.
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