- 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. 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.
Art. 123. [compensation of overtime through extra pay]
(1) If the compensation by paid hours off is not possible within the deadline provided for in Article 119 (1) in the next month, the overtime shall be paid the employee by adding an extra pay according to its duration. (2) The extra pay for overtime, as provided under the conditions provided for in paragraph (1), shall be established by negotiation, within the collective labour agreement or, as the case may be, within the individual employment contract, and shall not be lower than 75% of the basic pay.
Art. 124. [prohibition of overtime for underage persons]
The young people under the age of eighteen years may not perform overtime work.
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.
Art. 129. [legal definition and contents]
A work quota is the amount of work necessary for a person with the appropriate skills, working with normal intensity, under the conditions of determined technological and work processes, to perform certain operations or works. The work quota includes the productive time, the time for breaks imposed by the technological process, and the time for legal breaks within the work schedule.
Art. 130. [types of work quotas]
The work quotas are classified, depending upon the characteristics of the production process or other standardized activities, as time quotas, output quotas, personnel quotas, scope of competence or other forms corresponding to the specific features of every activity.
Art. 131. [scope of work quotas]
The work quotas shall apply to all categories of employees.
Art. 132. [preparation and review of work quotas]
(1) The work quotas shall be developed by the employers, according to the regulations in force or, in case there are no regulations, the work quotas shall be developed with the agreement of the trade union or, as the case may be, the representatives of the employees. (11) In case of disagreement over the work quotas, the parties shall rely on the arbitration of a third party agreed upon by them. (2) When the work quotas do not correspond anymore to the technical conditions prevalent when adopted or do not ensure an adequate degree of use of the normal working time, they shall be subject to a review. (3) The review procedure and the actual cases when such review may be needed shall be laid down in the applicable collective labour agreement or in the rules of procedure. |
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