Working Time and Salary Regulations

Posted on Feb 5, 2025 in Tourism

Working Time and Its Distribution

Economic perceptions of workers, in cash or kind, for the provision of gainful employment.
Wages in kind may not exceed 30% of the worker’s earnings, and these perceptions are given in goods or services other than money.
The service is fixed by mutual agreement between employer and employee and will never be less than minimum wage.

Minimum wage is set annually by the government, in consultation with social partners, for all workers.
It takes into account the CPI and the national average productivity, among other factors.
It can compute both wages and in-kind payments.
Usually, in collective agreements, that amount is exceeded, which is for 40 hours a day. If you work less time, the salary will be in proportion to working time.
The SMI (Minimum Interprofessional Wage) is unattachable unless it is due to a judicial resolution in the process of separation, annulment, or divorce, with the duty to pay maintenance to a spouse or children.

Wages must be paid on the agreed date and should not be delayed more than a month.
The employee is entitled to receive advances on work already done.
The employee is entitled to two extra payments: one at Christmas and another in the months to be fixed in the agreement or arrangement between employer and employee. These can be apportioned.

Time (weekly, monthly, or yearly) of hard work to do the job.
Day: The number of hours that workers must perform their activity within a period of time (40 hours per week).
Timetable: The distribution of time each day the employee must provide the services.
The maximum limit is 40 hours per week of actual work. This is computed as an average annual amount; you can work over 40 hours in some weeks if others are worked less.
The daily maximum time is limited to nine hours a day, except by convention or agreement (worker, employer), and must comply with rest periods between the end of one journey and the beginning of another (at least 12 hours) and rest week (one day per week free).
If the day is more than six hours, the employee shall be entitled to a break of at least 15 minutes.
Children under 18 cannot work more than eight hours a day, including the time of formation.
The provisions for the day are for normal situations. In some cases, enlargements or reductions can be made (the reduction will be of at least one-third and at maximum one-half day).

Shift work is when workers successively occupy the same jobs, providing their services at different times, alternating periods of days or weeks.
No worker will be on the night shift for more than two consecutive shifts unless voluntary.

Between 10 PM and 6 AM.
A night worker is considered one who does three hours daily at night or one-third of their day.
Children under 18 and pregnant women are prohibited from night work.
Night work shall not exceed 8 hours a day and may not include overtime.

For the characteristics of the sector, the government can expand or reduce hours.
Expansion of day: Transportation, work at sea, hotel, etc.
Reduction of time: Work inside mines, work with health risk.
The working day can be exceeded to prevent or remedy casualty or other damage.

Legal guardian or family care:
- You can reduce the time and wages from 1/8 and 1/2 of the day to attend to any child under 8 years old or a physically or sensory disabled person, so long as this activity is not rewarded.
Lactation:
- Workers are entitled to one hour of absence from their job for breastfeeding a child under 9 months; this can be divided into two half-hour fractions.
- If both parents work, either the father or mother can take this leave.
- If it’s a premature child, the parent may be absent 1 hour a day from work or have a reduction of up to two hours a day, and in this case, the salary shall be reduced as well.
- In previous cases, the worker will determine the timing and duration of licenses, with notice of 15 days before the date of joining their normal working hours.

The employee shall be entitled to the reduction of time, proportional to pay, for assistance or social protection.