Working Time and Salary Regulations: A Comprehensive Guide
Working Time Regulations
General Working Hours
Working time is the period during which an employee performs their job duties. The standard working week is typically 40 hours. For those under 18, the maximum is 8 hours per day with 2 days of uninterrupted weekly rest.
Standards Management
- Maximum daily working time is generally 9 hours.
- Breaks between work sessions are mandatory.
- Uneven distribution of working hours may be possible with proper agreements.
Irregular Distribution of the Day
The irregular distribution of the day allows for flexibility in working hours, meaning one week might exceed 40 hours while another falls short. This requires agreements with worker representatives and adherence to minimum daily and weekly rest periods.
Prerequisites
- Collective agreements or company agreements with worker representatives.
- Minimum daily rest of 12 hours between workdays.
- Minimum weekly rest of 1.5 days uninterrupted (2 days for minors).
Calculation of Working Time
Calculation of working time excludes time spent commuting, taking breaks for snacks, using the restroom, or cleaning.
Breaks
- More than 6 continuous hours: 15-minute break.
- More than 4.5 continuous hours for minors: 30-minute break.
- Between workdays: 12 hours of daily rest.
- Weekly rest: 1.5 days (2 days for minors).
- Annual leave: 30 calendar days.
Special Circumstances and Leave
Special Days Due to Personal Circumstances
Breastfeeding for a Child Under 9 Months
- 1-hour leave, divisible into two 30-minute periods.
- Double the leave for multiple births.
- Applicable to either parent.
Preterm Birth or Hospitalization After Birth
- 1-hour leave per day or reduced working hours by 2 hours with a corresponding salary decrease.
Legal Guardian of a Child Under 8 Years Old or a Disabled Person (Without Compensation)
- Reduced working hours by at least 1/8 and more than half of the workday with potential salary reductions.
Victim of Gender Violence
- Reduced working hours with reduced pay or rearranged working time to facilitate protection and access to social assistance.
Training in Prevention for New Hires or Job Changes
- Mandatory safety and hygiene training for new employees or when job conditions change.
Work Organization
Continuous or Batch Week
Determined by whether the daily work is divided into shifts with at least a 1-hour break.
Rigid or Flexible Hours
Rigid hours are set by the company, while flexible hours allow employees to choose their start and end times within agreed-upon limits.
Night Work
Work performed between 10:00 PM and 6:00 AM. Limited to 8 hours within a 15-day period. Overtime is not permitted for night work.
Working in Shifts
Multiple employees occupy the same position at different times.
Shift Work
- Weekly closing of 1.5 uninterrupted days.
- Applicable to continuous production processes operating over 24 hours.
Overtime
Overtime refers to work exceeding the standard maximum hours. Exceeding 9 hours per day, 40 hours per week, or 1826 hours per year doesn’t always constitute overtime. Irregular distribution may also be a factor.
Common Voluntarism (Limit of 80 Hours per Year)
- Optional, but prohibited for minors.
- Not applicable to night work.
- Must be compensated with paid breaks within 4 months and covered by Social Security.
“Force Majeure” (Not Computed for the 80-Hour Limit)
- To prevent or repair damages or address urgent situations.
- Permitted for night work.
- Covered by Social Security at a special reduced rate.
Work Calendar and Leave
Work Calendar
Companies must develop an annual work schedule. 14 days are designated as non-working, paid, and non-recoverable holidays (2 of which are local).
Annual Leave
- Minimum of 30 calendar days.
- Cannot be compensated financially.
- Enjoyment is based on agreement between employer and employee.
- Employees must be informed at least 2 months in advance.
- Can be rescheduled if coinciding with pregnancy, childbirth, or breastfeeding leave.
Paid Leave
Employees may take paid leave with notice and justification for the following circumstances:
- Marriage: 15 calendar days.
- Birth of a child, death, accident, or serious illness, hospitalization, or surgery without requiring hospitalization of a relative up to the second degree: 2 days (4 days if travel is required).
- Moving house: 1 day.
- Unavoidable public duty and personal matters requiring more than 20% of working hours in 3 months: Time required.
- Union functions: As stipulated by law or agreement.
- Prenatal exams and childbirth preparation: Time required.
Salary
Salary encompasses all payments in cash and in kind received for providing services as an employee.
Classes of Salary
Means of Payment
- Cash: Metallic currency, bank transfer, or check.
- In kind: Housing, car, food (never exceeding 30% of the total salary).
Calculation Method
- For work or piecework: Based on actual work performed.
- By percentage: A percentage of production.
- Mixed: Base salary plus incentives.
Payment Obligations
Companies are obligated to pay employees in the agreed-upon place and on the fixed dates, with no more than one month’s delay. A payslip must be provided. Late payments may incur a 10% interest penalty. Annual salary calculations exclude compensation for incurred expenses.