Employee Working Hours, Overtime, and Leave Explained

Understanding the Working Day

Definition of a Working Day

The working day is the time, measured in days, weeks, months, or years, that an employee spends performing their work duties. This measurement allows the employer to determine wages, productivity, and control.

Duration of the Working Day

The standard working hours agreed upon in the employment contract are known as the ordinary workday.

• Weekly Limit: The maximum is 40 hours per week. An employee's workweek can be shorter, but it cannot exceed 40 hours.
• Daily Limit: A workday cannot exceed 9 hours, unless a collective agreement allows for an irregular distribution of hours.
• Special Workdays: The unique characteristics of certain activities and sectors may require extensions to the standard workday.

Breaks and Rest Periods

Daily Breaks

A workday interrupted by a rest period (e.g., 1 hour) is known as a split shift. A continuous shift is one that is not interrupted.

Rest Between Shifts

There must be a minimum of 12 hours between the end of one workday and the beginning of the next.

Minimum Weekly Rest

The minimum weekly rest period must be one and a half uninterrupted days. These rest periods can be accumulated over a 14-day period.

Overtime Regulations

What is Overtime?

Overtime refers to any hours worked that exceed the time originally agreed upon in the employment contract, collective agreement, or as set by law.

Types of Overtime

There are two types of overtime:

1. Voluntary: The employee performs these hours willingly.
2. Mandatory: These hours are required as agreed upon in the employment contract or stipulated in collective agreements.

The maximum amount of overtime is 80 hours per year.

Overtime Restrictions

Overtime is prohibited for:

• Workers under 18 years of age.
• Night workers.
• Employees on reduced working hours for maternity reasons.

Reduced Working Hours

Employees may be entitled to a reduction in their workday for specific reasons:

• Breastfeeding: A daily half-hour break without loss of pay for up to 9 months.
• Legal Guardianship or Caregiving: A reduction in hours and pay (between 1/8 and 1/2) for workers who need to care for a child under 8, are victims of gender-based violence, or have a hospitalized newborn.

Work Schedules and Calendars

The Work Calendar

The work calendar is a document that outlines the annual working time for an employee. It details all aspects of the work year, including:

• Total annual work hours
• Annual leave
• Public holidays

Types of Work Schedules

• Fixed Schedule: Employees are at their workplace from a set start time to a set finish time.
• Flexible Hours: The start and end times of the workday can vary within certain established ranges.
• Night Work: Work performed between 10:00 PM and 6:00 AM, which typically commands higher pay.
• Shift Work: A work pattern where different employees successively occupy the same job role.

Annual Leave and Holidays

Annual Leave

This is a paid rest period that every worker is entitled to each year. It must be no less than 30 calendar days, which includes Saturdays, Sundays, and public holidays.

Public Holidays

Employees are entitled to a maximum of 14 paid public holidays per year, two of which are designated as local holidays.

Paid Leave for Specific Reasons

With prior notice and justification, an employee is entitled to be absent from work without losing pay for specific, legally recognized reasons. For example, an employee may receive one day of paid leave for moving to a new primary residence.