Labor Rights: Working Hours and Employee Benefits

Working Time and Maximum Hours

Working time is the daily, weekly, or annual period during which workers are engaged in their professional activities. The maximum length of time is 40 hours per week based on an annual computation.

Workday Reductions and Breastfeeding Rights

A reduction of the workday is available for the legal guardianship of a child under six years old or for individuals with physical disabilities who do not perform any gainful activity. This results in a proportional decrease in pay.

Regarding breastfeeding, women workers with a child under nine months are entitled to one hour of absence during the working day. This can be divided into two segments or taken as a half-hour reduction of the workday.

Night Work Regulations

The night shift runs from 10:00 PM to 6:00 AM. A night worker is defined as someone who works at least three hours of their daily shift at night, or one-third of their annual working days during these hours.

Types of Overtime

• Non-structural Overtime: These hours are performed on a voluntary basis or as agreed upon in a contract or collective agreement. If compensated with time off, they do not count toward the legal maximum. Social Security contributions are paid at the standard rate.
• Structural Overtime: These are necessitated by the production requirements of the company and are established through collective bargaining. If compensated with time off, they do not count toward the legal maximum. Social Security contributions are paid at the standard rate.
• Force Majeure Overtime: These hours are worked to prevent or repair damages and other extraordinary, urgent situations beyond the employer's control. They are not included in the computation of the maximum authorized overtime per year. Social Security contributions are paid at a reduced rate.

Paid Leave Entitlements

Workers are entitled to paid leave for the following reasons:

• 15 days: Marriage.
• 2 to 4 days: Childbirth, serious illness, or death in the family (2 calendar days in the same locality, 4 if travel is required).
• 1 calendar day: Relocation of the primary residence.
• Union duties: Time prescribed by law or collective agreement.
• Public or personal duties: The time required to fulfill these obligations.
• Breastfeeding: One hour per day.
• Childbirth preparation: As much time as is necessary.

IPREM and the Wage Guarantee Fund (FOGASA)

The IPREM (Public Indicator of Multiple Effects Income) is the benchmark used to determine access to specific benefits, services, and social features, as well as to calculate the amount of certain subsidies.

The Wage Guarantee Fund (FOGASA) is an autonomous body under the Ministry of Labor. Its purpose is to provide workers with partial wages and severance pay in the event of outstanding debts or the termination of the employment relationship. FOGASA is financed through contributions from employers.