Labor Regulations: Workday, Overtime and Leave Rights

Workday and Weekly Distribution

Maximum Work Week:

Defining Actual Working Time

• 1) Actual working time includes the time spent by the worker on operations prior to carrying out a job.
• 2) Training time regarding the prevention of occupational hazards is considered actual work time.
• 3) Time spent by the employee commuting from home to the workplace is not considered actual work time.
• 4) Neither the change of clothes nor time spent on personal toiletries is included in actual work time.

Rest Period Limits

• b) Workers must have at least 12 hours of rest between workdays.
• c) Minimum weekly rest days can be accumulated for up to fourteen days, with one and a half days being uninterrupted. For those under 18 years of age, rest days shall be at least 2 uninterrupted days.

Overtime Classifications

Overtime refers to hours of work carried out beyond the maximum duration of the normal working day. There are two types:

1. Voluntary: Hours that are worked for reasons of production or business needs.
2. Mandatory: Hours that are worked to repair or prevent accidents or other urgent damage.

Key Employment Concepts

Work Schedule Distribution

This refers to the distribution of periods of work and rest during the workday. Fixing the schedule is the responsibility of the employer. It may be established as either rigid or flexible.

Night Work

Night work is considered any work performed between 10 pm and 6 am. It is expected that night work will receive additional pay.

Job Shift

A job shift is any form of labor organization whereby workers successively occupy the same jobs according to a specific rhythm.

Work Calendar

The work calendar is the projection of the daily and weekly rest on an annual scale, including specific events and holidays.

Public Holidays

Public holidays shall be treated as paid and non-recoverable. They may not exceed 14 per year, of which 2 will be set by local councils:

• There will be 4 national holidays (Christmas, New Year, May 1, and October 12).
• The regions may indicate the holidays applicable to them within the total limit of 14 holidays.

Annual Leave

Every worker is entitled each year to a period of paid leave consisting of at least thirty calendar days.

Paid and Unpaid Leave

These consist of a disruption of work provision with the right to wages (paid leave) or without this right (unpaid leave). Paid leaves include:

1. Permissions required to attend examinations.
2. Time off for performing prenatal testing.
3. 15 calendar days for marriage.