Wednesday, March 11, 2020

Proclamation No. 1156-2019 LABOUR PROCLAMATION--PART FOUR HOURS OF WORK, WEEKLY REST AND PUBLIC HOLIDAYS


PART FOUR HOURS OF WORK, WEEKLY REST AND PUBLIC HOLIDAYS

CHAPTER ONE HOURS OF WORK

SECTION ONE NORMAL HOURS OF WORK

61. Maximum Daily or weekly Hours of Work
1/In this proclamation, “normal hours of work” means the time during which a worker actually performs work or avails himself for work in accordance with law, collective agreement or work rules.

2/ Normal hours of work shall not exceed 8 hours a day or 48 hours a week.
62. Reduction of Normal Hours of Work
1/The Ministry may issue Directive reducing normal hours of work for economic sectors, industries or occupations where there are special conditions of work.
2/Reductions of normal hours of work under this Proclamation shall not entail reduction in the wages of a worker.
63. Arrangement of Weekly Hours of Work
Hours of work shall spread equally over the working days of a week, provided, however, where the nature of the work so requires, hours of work in any one of the working days may be shortened and the difference be distributed over the remaining days of the week without extending the daily limits of eight hours by more than two hours.
64. Averaging of Normal Hours of Work
Where the circumstances in which the work has to be carried out are such that normal hours of work cannot be distributed evenly over the individual week, normal hours of work may be calculated as an average over a period longer than one week, provided, however that the average number of hours over a period shall not exceed eight hours per day or forty eight hours per wee
65. Exclusion
Unless otherwise provided in a collective agreement or employment contract, the provisions of this Proclamation governing working hours shall not be applicable to commercial travelers or commercial representatives.
SECTION TWO
OVERTIME WORK
66. General
1/Work done in excess of the normal daily hours of work fixed in accordance with the provisions of this Proclamation shall be deemed to be overtime.
2/ Work done within the limits referred to in Articles 61, 63 and 64 of this Proclamation shall not be deemed to be overtime.
3/Overtime shall be worked only in cases expressly provided for under Article 67 and on the express instructions of the employer.
4/ The instructions given under Sub-Article (3) of this Article and the actual overtime worked by each worker shall be recorded by the employer.
67. Circumstances in which Overtime Work is Permissible
1/A worker may not be compelled to work overtime, however, overtime may be worked whenever the employer cannot be expected to resort to other measures and only where there is:
a)Accident, actual or eminent;
b)Force-majeure;
c)Urgent work;
d)Substitution of absent workers assigned on work that runs continuously without interruption.
2/ Notwithstanding the provisions of Sub-Article (1) of this Article, overtime work shall not exceed four hours in a day and twelve hours in a week.
68. Overtime Payment
1/ In addition to his normal wage, a worker who works over-time shall be entitled at least on the following rate of payments:
a) In the case of work done between 6:00 a.m. in the morning and l0:00 p.m. in the evening, at the rate of 1.5 multiplied by the ordinary hourly rate;
b) In the case of night time work between 10 p.m. in the evening and 6 a.m. in the morning, at the rate of 1.75 (one and three fourth) multiplied by the ordinary hourly rate;
c) In the case of work done on weekly rest day, at the rate of 2 multiplied by the ordinary hourly rate;
d) In the case of work done on a public holiday, at the rate of 2.5 multiplied by the ordinary hourly rate.
2/ Payment for over-time work shall be effected on the day fixed for payment of wage and together with wage.
CHAPTER TWO
WEEKLY REST
69. General
1/ A worker shall be entitled to a weekly rest period covering not less than twenty-four non-interrupted hours in the course of each period of seven days.
2/ Unless otherwise determined by a collective agreement or work rule, the weekly rest day shall, whenever possible:
a) Fall on a Sunday;
b) Be granted simultaneously to all of the workers of the undertaking.
3/ The weekly rest period shall be calculated as to include the period from 6 a.m. to the next 6 a.m.
4/Notwithstanding the provisions of Sub-Article(1) of this Article, where the nature of his task did not enable the worker to make use of his weekly rest day, the employer shall grant 4 working days of rest in a month.
70. Special Weekly Rest Day
1/ Where the nature of the work or the service provided by the employer is such that the weekly rest cannot fall on Sunday, another day may be made a weekly rest instead.
2/The provisions of Sub-Article (1) of this Article shall be applicable to the following and other similar activities:
a)Work that has to supply the necessities of life to meet the health, recreational or cultural requirements of the general public;
b)Essential public services as stipulated under Article 137(2) of this Proclamation.
c)Work which, because of its nature or for technical reasons, if interrupted or postponed could cause difficulties or damages.
71. Works Done on Weekly Rest Days
1/ A worker may be required to work on any weekly rest day only where it is necessary to avoid serious interference with the ordinary working of the under taking in the case of:
a) Accident, actual or threatened;
b) Force majeure;
c) Urgent work to be done.
2/Without prejudice to the provisions of Article 68 (1)(c) of this Proclamation, a worker who, by virtue of the provisions of this Chapter, works on a weekly rest day, shall be entitled to a compensatory rest period. However, he shall be compensated in the form of cash if his contract of employment is terminated before he utilized the compensatory rest period.
72. Application
The provision soft of this chapter shall not apply to commercial travelers or commercial representatives.
CHAPTER THREE
PUBLIC HOLIDAYS
73. General
Public holidays observed under the relevant law shall be paid Public Holidays.
74. Non-Reduction of Wages for Public Holidays
1/ A worker who is paid on a monthly basis shall incur no reduction of his wages on account of having not worked on a Public Holiday.
2/ The payment of wages on a Public Holiday to a worker other than workers mentioned under Sub-Article (1) of this Article shall be determined by his contract of employment or collective agreement.
75. Payment for Working on Public Holidays
1)A worker shall be paid his hourly wages multiplied by two for each hour of work on a public holiday.
2)Where a public holiday coincides with another public holiday or falls on a rest day designated by law, a worker shall be entitled to only one public holiday payment for working on such a day.

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