- 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. 133. [rest period]
The rest period means any time that is not working time.
Art. 134. [lunch break and other breaks]
(1) Should the daily length of the working time exceed six hours, the employees shall have the right to a meal break and other breaks, under the terms provided for in the applicable collective labour agreement or in the rules of procedure. (2) The young people under the age of eighteen years shall enjoy a meal break of at least 30 minutes, should the daily length of the working time exceed four and a half hours. (3) Except for the contrary provisions in the applicable collective labour agreement and in the rules of procedure, the breaks shall not be included in the normal daily length of the working time.
Art. 135. [daily rest]
(1) The employees shall have the right, between two working days, to a rest period that may not be shorter than 12 consecutive hours. (2) By way of exception, in the case of shift work, that rest period between the shifts may not be shorter than eight hours.
Art. 136. [shift work]
(1) Shift work is any method to organize the work schedule, according to which the employees follow each other at the same workplace, according to a schedule, including a rotating schedule, of continuous or discontinuous type, requiring the employee to perform an activity within different time ranges in relation to a daily or weekly period, as established in the individual employment contract. (2) A shift employee is any employee whose work schedule is of the shift work schedule type.
Art. 137. [weekly rest]
(1) The weekly rest period shall be taken in two consecutive days, usually Saturday and Sunday. (2) Should the rest during Saturday and Sunday be detrimental to the public interest or the normal course of the activity, the weekly rest period may also be taken in other days laid down in the applicable collective labour agreement or in the rules of procedure. (3) In the case provided for in paragraph (2), the employees shall enjoy an extra pay, as laid down in the collective labour agreement or, as the case may be, in the individual employment contract. (4) In exceptional cases, the weekly rest period days may be taken on a cumulative basis, after a continuous activity that may not exceed 14 calendar days, with the authorization of the territorial labour inspectorate and with the agreement of the trade union or, as the case may be, the representatives of the employees. (5) The employees taking their weekly rest period under the conditions of paragraph (4) shall have the right to twice the compensations provided for under Article 120 (2).
Art. 138. [suspension of weekly rest]
(1) In case of urgent works, whose immediate performance is necessary for the organization of rescue measures for persons or goods of the employer, with a view to avoiding imminent accidents or to eliminating the effects of these accidents on the materials, installations or buildings of the organization, the weekly rest period may be suspended for the personnel necessary to perform these works. (2) The employees whose weekly rest period has been suspended under the conditions of paragraph (1) shall have the right to twice the compensations provided for under Article 120 (2).
Art. 139. [list of public holidays]
(1) The public holidays shall be as follows: a) 1st and 2nd of January; b) the first two Easter days; c) 1st of May; d) 1st of December; e) the first two Christmas days; f) two days for each of the two annual religious holidays, declared as such by legal religious denominations, other than Christian, for the persons belonging to those religious denominations. (2) The days off shall be granted by the employer.
Art. 140. [special work schedules during public holidays]
With a view to ensuring the medical assistance and the supply with essential foodstuffs, appropriate work schedules for the health and food and beverage establishments shall be laid down by Government Decision, whose application shall be mandatory.
Art. 141. [uninterrupted activity in special cases]
The provisions of Article 134 shall not apply to workplaces where the activity cannot be interrupted due to the character of the production process or the specific features of the activity.
Art. 142. [compensation of work during public holidays]
(1) The employees working in the organizations provided for in Article 135 and in the workplaces provided for in Article 136 shall be provided adequate compensatory time off in the next 30 days. (2) If, on duly justified grounds, no days off are granted, the employees shall benefit, for the activity performed during the public holidays, from an extra pay added to the basic pay, which may not be lower than 100% of the basic pay corresponding to the activity performed within the normal work schedule.
Art. 143. [establishment of other days off]
The applicable collective labour agreement may lay down other days off too. |
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