- General provisions
(Title I - art. 1-9) - The individual employment contract
(Title II - art. 10-107) - Working time and
rest period
(Title III - art. 108-153) - Remuneration
(Title IV - art. 154-170) - Health and safety
at work
(Title V - art. 171-187) - Vocational training
(Title VI - art. 188-213) - Social dialogue
(Title VII - art. 214-235) - Collective labour agreements
(Title VIII - art. 236-247) - Labour disputes
(Title IX - art. 248-253) - Labour Inspectorate
(Title X - art. 254-256) - Legal liability
(Title XI - art. 257-2801) - Labour jurisdiction
(Title XII - art. 281-291) - Final and transitional provisions
(Title XIII - art. 292-298)
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Art. 111. [legal definition of the working time]
The working time is any period during which the employer performs the work, is available to the employer and fulfils his/her tasks, according to the provisions of the individual employment contract, the applicable collective labour agreement and/or the legislation in force.
Art. 112. [normal length of the working time]
(1) The normal length of the working time for the full-time employees is of eight hours per day and 40 hours per week. (2) In the case of young people under the age of eighteen years, the length of the working time is six hours per day and 30 hours per week.
Art. 113. [distribution of the working time within the week]
(1) The distribution of the working time within the week shall, usually, be uniform, of eight hours per day for five days, with 2 days of rest. (2) According to the specific features of the organization or activity performed, an unequal distribution of the working time may be chosen, while observing the normal length of the working time of 40 hours per week.
Art. 114. [maximum length of the working time]
(1) The maximum legal length of the working time may not exceed 48 hours per week, including the overtime. (2) By way of exception, the length of the working time, including the overtime, may be extended beyond 48 hours per week, provided that the average working hours, calculated over a reference period of three calendar months, do not exceed 48 hours per week. (21) For certain economic sectors, organizations or professions listed in the national collective labour agreement, reference periods above three months, but not exceeding twelve months, may be negotiated in the applicable branch collective labour agreement. (22) When setting the reference periods provided for in paragraphs (2) and (21), the length of the annual leave and the individual employment contract suspensions shall not be taken into account. (3) The provisions of paragraphs (1), (2) and (21) shall not apply to young people under the age of eighteen years.
Art. 115. [special length of the working time]
(1) For certain economic sectors, organizations or professions, the collective or individual negotiations or the specific legal provisions may specify a daily length of the working time below or above eight hours. (2) A 12 hour daily length of the working time shall be followed by a rest period of 24 hours.
Art. 116. [unequal work schedule]
(1) The actual organization of the unequal work schedule within the working week of 40 hours, and within the compressed work week, shall be negotiated in the collective labour agreement at the level of the employer or, in its absence, shall be provided in the rules of procedure. (2) The unequal work schedule may only operate if it is expressly specified in the individual employment contract.
Art. 117. [employee notification of work schedule]
The work schedule and its distribution among days shall be notified to the employees and shall be posted in employer’s headquarters.
Art. 118. [individualized work schedule]
(1) An employer may establish individualized work schedules, with the agreement or at the request of the concerned employee, should such possibility be provided for in the collective labour agreements applicable at employer’s level or, in their absence, in the rules of procedure. (2) The individualized work schedules shall involve a flexible organization of the working time. (3) The daily length of the working time shall be divided into two periods: a fixed period where the entire personnel is simultaneously present at the workplace and a variable, mobile period where the employee chooses the time of arrival and departure, in compliance with the daily working time (4) The individualized work schedule may only operate in compliance with the provisions of Articles 109 and 111.
Art. 119. [working hours records]
The employer shall record the working hours of each employee and subject the records to the control of the labour inspectorate, whenever this is requested.
Art. 120. [legal definition and conditions of overtime]
(1) The work performed besides the normal length of the weekly working time, as provided for in Article 109, shall be considered overtime. (2) The overtime work may not be performed without the agreement of the employee, except for acts of God or urgent works intended to prevent or to eliminate the consequences of an accident.
Art. 121. [limits of overtime]
(1) At the request of the employer, the employees may perform overtime work, in compliance with the provisions of Articles 111 or 112, as the case may be. (2) The performance of overtime work beyond the limit laid down according to the provisions of Articles 111 or 112, as the case may be, shall be prohibited, except for cases of acts of God or other urgent works intended to prevent or to eliminate the consequences of an accident.
Art. 122. [compensation of overtime through paid hours off]
(1) The overtime shall be compensated by hours off paid in the next 30 days after its performance. (2) Under the circumstances, the employee shall enjoy the wage corresponding to the hours performed above the normal work schedule. |
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