- 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. 125. [legal definition and length of night work ]
(1) The work performed between 22:00 and 06:00 hours shall be considered night work. (11) A night employee is, as the case may be: a) an employee performing night work at least three hours of his/her daily working time; b) an employee performing night work amounting to at least 30% of his/her monthly working time. (2) The normal length of the working time, for the night employee, shall not exceed an average of 8 hours a day, calculated over a reference period of maximum three calendar months, in compliance with the legal provisions on the weekly rest period. (21) The normal length of the working time, for the night employees whose activity takes place in special or distinct working conditions, as established according to the legal provisions, shall not exceed eight hours within any 24 hour period during which they perform night work. (3) An employer frequently using night work shall notify the territorial labour inspectorate thereof.
Art. 126. [compensation of night work]
The night employees shall benefit: a) either from a work schedule shorter with an hour than the normal length of the working day, for the days when they perform at least three hours of night work, without any decrease of the basic pay; b) or from an extra pay of at least 15% of the basic pay for each hour of night work performed.
Art. 127. [medical examination for night work]
(1) The employees performing night work under the conditions of Article 122 (11) shall be subject to a free medical examination before starting the activity and regularly thereafter. (2) The conditions to perform the medical examinations and their frequency shall be established by a regulation approved by Joint Order of the Minister of Labour and Social Solidarity and the Minister of Health and Family. (3) The employees performing night work and having problems acknowledged to be connected to it shall be transferred to a day work they are suitable for.
Art. 128. [prohibition of night work for underage persons, pregnant women and breastfeeding mothers]
(1) The young people under the age of eighteen years may not perform night work. (2) Pregnant and post-natal women and breastfeeding mothers may not be required to perform night work. |
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