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manual: women workers' rights and gender equality - International ...

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Rest period<br />

There are no official rules regarding rest time in the Labour Code 1997<br />

Overtime <strong>and</strong> overtime payment<br />

If workers are required to work overtime for exceptional <strong>and</strong> urgent jobs, the overtime hours shall be<br />

paid at a rate of fifty per cent (50%) higher than normal hours. If the overtime hours are worked at<br />

night or during weekly time off, the rate of increase shall be one hundred per cent (100%) (Labour<br />

Code 1997, chapter 6, section 2, article 139). Night is defined as the period from 22:00 to 5:00.<br />

Weekly rest<br />

Weekly time off shall be a minimum of twenty four (24) consecutive hours. All workers shall be<br />

given in principle a day off on Sunday (Labour Code 1997, chapter 6, section 4, article 147). In<br />

some categories of work, it is allowed to give the weekly day off through a rotating system,<br />

examples are: hospitals, hotels, restaurants, publishers of newspapers, enterprises supplying<br />

electricity or water.<br />

Holidays<br />

In chapter 6 of the Labour Code 1997, sections 5, 6 <strong>and</strong> 7 deal with paid holidays, paid annual<br />

leave <strong>and</strong> special leave.<br />

Paid holidays<br />

Paid holidays are fixed in advance on a yearly basis by the Ministry in charge of Labour. These<br />

paid holidays do not break off the length of service required to obtain paid annual leave, nor do<br />

they reduce this type of leave. In case the public holiday coincides with a Sunday, workers will<br />

have the following day off. Time off for holidays can not be a reason for reducing wages.<br />

Paid annual leave<br />

Unless there are more favorable provisions in collective agreements or individual labour contracts,<br />

all workers are entitled to paid annual leave to be given by the employer at the rate of one <strong>and</strong> a<br />

half work days paid leave per month of continuous service. The length of paid leave as stated<br />

above is increased according to the seniority of workers at the rate of one day per month for every<br />

three years of service.<br />

Special leave<br />

The employer has the right to grant a worker special leave during the event directly affecting the<br />

worker’s immediate family. If the worker has not taken yet his or her annual leave, the employer<br />

can deduct the special leave from the worker’s annual leave. If the worker has taken his or her<br />

annual leave already the employer can not deduct the special leave from the worker’s annual leave<br />

for next year.<br />

Related sessions <strong>and</strong> briefing notes<br />

4.20 Occupational Safety <strong>and</strong> Health<br />

Briefing Note 9 Violation of Rights at Work: File a Complaint<br />

95

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