LEY 26390 PDF

on Working Time, (Ley sobre la Jornada de Trabajo), of 12 (Boletín Oficial No. , 25 June , p.3). Decreto Ley N° _pdf . 2), as amended up to 26 November by Law No. Ley Nopdf on the Working Conditions of Domestic Workers (Decreto Ley n° Ley pdf. click on on the Working Conditions of Domestic Workers ( Decreto Ley n° sobre el régimen de trabajo del (Boletín Oficial No.

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Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts.

Act on the hours of work and other conditions of work of domestic employees S. In such case, working hours 263990 be determined as average weekly working time within a period of four months. In case a minor is employed in night work, the employer shall ensure that such 26309 is performed under the supervision on an adult person.

In case of agricultural work the daily limit is set in 10 hours. The 44 hour limit is not applicable inter alia to employees in managerial posts and inspectors and to rural employees of small establishments owned by a family or one person; Exceptionally, the weekly limit can be exceeded by the number of hours needed to avoid serious disruption in the normal functioning of the firm in specified cases.

Young workers under 18 years old shall enjoy two hours rest break at noon when performing work during the morning and the afternoon. Domestic worker is the worker who render services of domestic nature for a household, male or female,non profitable for the employer, with a duration longer than one month, with minimum 4 hours day work and 4 days a week with the same employer, with no parental relation, and not hired for medical care or driving.

Workers employed on shift work shall be granted their weekly rest lwy the end of each shift cycle and in accordance with the characteristics of the shift system applied. Collective agreements or, where there are none, agreements between the employer and representatives of the workers, can establish an irregular distribution of working hours across the year. Employers cannot 263390 young workers to work during rest days.


The employer may request the employee the performance of overtime work beyond the limits of general overtime, if there are special and reasonable reasons that demands the performance of extra work, and where the general overtime was insufficient to cover such work.

Agricultural workers shall enjoy a period of annual leave of 10 to 30 days depending on the seniority. Every worker is entitled to the following special paid leaves: The employer shall work during public holidays in case of emergency or due to special demand ely the national economy or enterprise.

Exceptions may be made temporarily, provided this is caused by some special circumstance that could not have been anticipated by the employer, subject to the precondition that the employee is allowed corresponding compensatory leave.

Every worker shall enjoy a weekly rest of 35 hours starting on Saturday at When the hours of work agreed upon in the contract for a day, a lry, a month or a year leg less than the hours of work of a comparable full-time worker, that contract will be considered a part-time work contract. Part-time worker is the worker who performs less than two thirds of daily normal hours.

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The employer shall prepare a schedule for taking annual leave in accordance with a collective agreement, employment rules, employment contract and this Act no later than 30th June of the current year, and inform the employees about the schedule. Every worker is entitled to enjoy an annual leave with a duration in between 14 to 35 days depending on the seniority of the worker.

This Law will considerably change the working conditions of these workers in many aspects, among others, the limits in the weekly hours of work. Overtime rates are set by individual employment contract, employers’ employment rules or collective agreement.

The decision of the employer to make a substantial change to the working conditions of the workers, such as the reduction of the number of working hours, must be notified to the workers concerned and their legal representatives at least thirty days before the change is to take effect.

The employer has a duty to inform the works council at least every three months about: The employer shall give advance notice of the length and distribution of any rest breaks as accurately as the circumstances permit The 48 hour limit can be extended, if the average hours worked over a three week period do not exceed the limit.


The hours of ordinary leh shall not exceed 40 hours of per week, independently to the time of presence, for which the worker remains at the disposal of the employer, that may be agreed between the parties. The daily hours limit may be 10 hours per day for workers who are required only to be present at the workplace.

After a period of at least 1 year and up to 5 years, 14 days with full pay. Once the daily hours of worked have been performed, and the time of presence, if agreed, the worker is not obligated to stay in the household.

Royal-Decree regulating the special labour relation of domestic workers, of 14 November The hours of night work shall not exceed 7 hours per day. Night workers are entitled 2690 a health assessment before they start night work and subsquently at periodic intervals. 2690 time workers shall not perform overtime work, except in cases of serious danger or inminent risk for the persons or the goods of the undertaking.

Workers shall not be compelled to work overtime, except in cases of force majeure involving an actual or imminent danger or accident, or due to the exceptional requirements of the national economy or the undertaking.

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The schedules shall be posted in visible places in the establishment in order to inform the workers and allowing the administrative inspection. The employer shall provide every employee a paid vacation period of two weeks, according to the following scale: Public holidays are paid if the workers have rendered services to the same employer with at least 48 hours or 6 days in the last 10 working days preceeding to the public holiday.

Night work refers to work performed between 9 p. Workers shall not be compelled to work overtime, except in cases of force majeure involving an actual or ,ey danger or accident, or due to the exceptional requirements of the national economy or the undertaking.

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