Workday Regulations & Employee Rights: A Comprehensive Guide
The Working Day
The working day is the time employees spend performing their work as agreed upon in their contract. The maximum duration is 40 hours per week, calculated as an annual average. A 12-hour rest period between workdays is mandatory. The maximum number of hours per day is 9, or 8 for those under 18.
Variation of the Working Day: Overtime
Overtime occurs when work exceeds normal working hours. It may be due to unforeseen circumstances or other reasons.
- Compensation: Overtime pay should be at least equivalent to regular working hours, including breaks.
- Voluntary/Mandatory: Overtime can be voluntary, but it becomes mandatory in cases of force majeure or pre-existing agreements.
- Limitations: Overtime is limited to 80 hours per year, excluding force majeure or compensated rest time. Minors cannot work overtime, and part-time contracts generally exclude overtime and night work.
Reductions of the Working Day
- Breastfeeding: Employees with babies under 9 months old can reduce their workday by half an hour. This time can be divided into two periods or accumulated, and it is paid.
- Birth: For premature births, a 1- or 2-hour reduction is granted with a proportional reduction in wages.
- Legal Guardians: A reduction of 1/8 to 1/2 of the workday is possible for caring for a child under 8, a disabled person, or a seriously ill family member up to the second degree of kinship. Salary will be proportionally reduced.
- Victims of Gender Violence: Reductions are available for victims of gender violence.
Working Hours and Schedules
Working hours refer to the distribution of work over a specific period. Work can be continuous or divided into two periods. The work schedule, a document prepared annually by the company, reflects the working hours and must be displayed in a visible location in every workplace.
Night Work
Night work is performed between 10 PM and 6 AM. An employee is considered a night worker if they perform 3 or more hours of their daily workday at night or at least 1/3 of their annual working hours at night.
- Night work should not exceed 8 hours daily.
- Night workers cannot work overtime.
- Night work must be compensated with special pay.
- Employers must prioritize the safety and health of night workers.
Shift Work
Shift work involves workers successively occupying the same jobs through a rotation system. Breaks may vary depending on shift changes or organizational needs. Special safety and health protections apply to shift workers.
Breaks and Leave
Intraday Breaks
Adults are entitled to a 15-minute break every 6 hours worked. Minors receive a half-hour break every 4.5 hours.
Weekly Breaks
Employees are entitled to at least a day and a half of uninterrupted rest per week, typically Saturday afternoon and Sunday. This rest period can be accumulated for up to 14 days.
Public Holidays
Paid holidays are fixed by the administration, with a maximum of 14 annually. Holidays falling on a Sunday are typically moved to Monday.
Paid Leave
- Marriage: 15 days
- Childbirth: 2 days (4 with travel)
- Death of a second-degree relative: 2 days (4 with travel)
- Accident, serious illness, or hospitalization of a second-degree relative: Variable
- Relocation: 1 day
- Compliance with legal duties: As required
- Union duties: As per collective agreement
- Prenatal exams and childbirth preparation: As required
- Exams: As required
Annual Leave
Employees are entitled to 30 days of annual leave after one year of service. Financial compensation in lieu of leave is generally not permitted, except upon termination of the contract. Leave dates must be agreed upon between employer and employee with at least two months’ notice.
Salary
Salary is the monetary or in-kind reward (e.g., housing, car use, not exceeding 30% of total compensation) received by an employee for actual working time or paid leave. It does not include supplementary compensation (e.g., travel allowances), social security benefits, severance pay, or relocation expenses.
Salary Classifications
- Form of payment: Money or in-kind
- Form of calculation: Per unit of time or work
- Mixed salary
Minimum Wage (SMI)
The SMI is the minimum amount any worker can receive, regardless of profession. It is set annually by the government and can be improved by collective agreements.
Wage Structure
Wage structure is defined by collective agreements and includes:
- Base salary
- Supplementary payments related to personal conditions (e.g., age, qualifications), job conditions (e.g., hazardous work, night shifts), work quality/quantity (e.g., bonuses, commissions), and longer-term accruals (e.g., profit sharing).
Bonuses
The Workers’ Statute mandates two or more bonus payments per year. The amount is determined by collective agreements, with a minimum of 30 days’ wages.