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In this article we will see everything related to: working hours, types of days , overtime, work during the weekend, penalties, compensatory francs, work on holidays and some practical considerations.
The working day comprises all time in which the worker is available to the employer, being that you do not have time to benefit. Under the Law on Labour Day (11,544) its duration must not exceed 8 hours per day or 48 a week, although the decree states that the work can go in a time when a / n day / s in the week that the duration of the day is less than 8 hours. For example, working 9 hours Monday through Friday and Saturday until 13 hours. This will complete 48 hours per week, exceeding this limit must be paid overtime, as if working more than 9 hours in a day.
excluded from this scheme: farm work, domestic service establishments in which only members of the family's boss, owner, entrepreneur, manager, director or principal enabled. The employer is entitled to unequal distribution of working hours and the layout of the times, always respecting the 12 hours of rest between rounds.
Next we distinguish the most common types of day:
daytime, night and mixed
The day shift is one that extends from 6 to 21 hours, the night, by exclusion , extends from 21 to 6 hours. When the work is entirely nocturnal, it can not exceed 7 hours per day or 42 hours per week, however this limitation does not apply if rotating schedules in terms of team work. Daytime, as mentioned, can not exceed 8 hours per day or 48 hours per week.
when switching to daylight hours at night, 8 minutes will be deducted for each hour of night work or be paid these 8 minutes overtime (art. 200, LCT). For example, if you work 16 to 23 hours, with that two hours of night work, the possibilities are: to work 7 hours and 44 minutes to work 8 hours and 16 minutes to charge as overtime.
Day
healthy, unhealthy and mixed
For the day is unhealthy, previously, the enforcement authority must declare itself the unhealthiness of it, otherwise it is not possible to talk about unhealthy day. The conference declared unsafe by the conditions of work, not exceed 6 hours per day or 36 hours per week (art. 200, LCT). When healthy to unhealthy alternate hours will remove 20 minutes of work per hour of hazardous work and, in this case, the remove of minutes is not liable to be supplemented by effective work and overtime pay and, as in the case the day-night hours, and that what is sought is to protect the physical integrity of the worker.
More than 3 hours in unhealthy conditions means that whole day is considered unhealthy, even work the remaining hours in healthy conditions. Moreover, in any case the reduction of the day involves the reduction in pay.
Exceptions to
working day are exempt from the work day: a. workers taking place in managerial or supervisory jobs, b. if there is an employment contract for equipment, c. cases that warrant greater labor force in excess of the related day to protect the equipment and facilities for the exploitation (art. 3, L. 11 544)
other hand, is not considered part of the working day the time the employee does not provide effective delivery, being that you can have your time. However, it is considered part of the day the time the employee is partially disposing of his time, who today still affects the information given, and that while pauses in their work, both pending orders could receive as their obligations. For example, is different to the worker who is absent from his workplace for lunch home, that this secretary having lunch at his desk and, while it may slow the pace of their tasks, continue with other tasks such as answering the phone or watch for the arrival of a customer.
Overtime Overtime, or rather known as overtime, is the time it works in excess of the legal day and carries a surcharge of 50% over the regular value when work. In the event that overtime be provided on Saturdays after 13 hours, Sundays or holidays, the surcharge will be 100%.
Therefore, must be paid overtime if:
daytime
is exceed 9 hours a day, but not exceeding 48 hours per week.
be exceed 48 hours per week but does not exceed 9 hours a day.
Day Night
is exceeding 7 hours a day, but not exceeding 42 per week.
be exceed 42 hours per week, but do not exceed 7 hours a day.
mixed Day (daytime-night hours)
When the employer decides not to reduce the 8 minutes per hour of night work. Day
unhealthy overtime is prohibited when the day is unhealthy, except in cases of healthy-unhealthy day at its safe.
is important to clarify that the employee is not required to work overtime except in cases of danger or impending accident or force majeure or exceptional requirements of the national economy or the company. For example, a hotel worker who suffers a fire and then extinguished, must work overtime to clean the place and get it working again, but only insofar as they are in danger, and to get them out of it, the plant, machinery and others.
The overtime limit is 30 hours per month and 200 hours per year as stipulated in Decree 484 of 2000, which returns to the original values \u200b\u200bof 1933 and that these limits had been extended.
Weekly. Overtime and compensatory ex
The weekly rest is one that extends from 13 hours on Saturday until 24 pm on Sunday, that is, a duration of 35 continuous hours. TBI (L. 20 744) establishes a prohibition in principle, of working for the weekly rest, except needs worked, in which case the worker shall be allowed a compensatory rest of equal duration (art. 204, LCT).
When the worker provides services during the weekly rest and the employer fails to grant compensatory franc, the employee may, on the first working day of the subsequent week and through formal communication course with an anticipation not less than 24 hours take the compensatory free. And, the employer is obliged to pay wages to a 100% surcharge (art. 207, LCT).
Clarifications and practical considerations
Since different institutions to be overtime, the ban on work during the weekly rest and the compensatory free, are often confused, we will perform a number of clarifications in conjunction with practical considerations.
The surcharge of 50% or 100%, depending on whether ordinary days, weekly rest and holidays, for overtime, shall be paid when actually work in excess of the legal day. Generally believed that if one works on Saturday to, eg, 20 hours, overtime must be paid 100% by the simple fact of working during the weekly rest. However, if you have not exceeded the legal time (9 or 48 hours), no overtime pay, but involves the compensatory free. Another example, if I fulfill 48 hours a week on Friday, having to work on Saturday, it will pay me overtime, 50% up to Saturday until 13 hours and 100% past 13 hours.
In case of working during the weekend, it is a compensatory ex same extension to the time worked. In the event of the week following the employer fails to grant the same, the worker formally communicating with a notice of not less than 24 hours, you can take the ex-compensatory and, moreover, he will be subject to a surcharge of 100% in salary it worked for weekly rest. So if you work during the weekly rest day without exceeding the legal and has been granted compensatory rest, not for any kind of surcharge. This honest compensation can be total or partial, depending on the time worked during the break week.
If not granted compensatory franc, the worker is entitled to exercise their right from the first working day of the subsequent week and the majority adheres to the doctrine and jurisprudence, until the end of this week thereafter, as the spirit of the law is to protect workers' mental and physical integrity, not their compensation.
Finally, in my opinion, although there are other positions, if you work during the weekly rest day in excess of the legal (overtime correspond to 100%) and then not be granted compensatory franc, being that the worker exercises its right to take it becoming lender at 100% charge, it is computed, therefore, it worked with a 200% surcharge. Still, 100% surcharge for overtime during the weekly rest and 100% for not having given the compensatory free. Subscribe to this view by the fact that the surcharges have their origins in different institutions with different purposes and different effects, so no charges will be considered both making an incorrect reading of the legal nature of these requirements.
Conclusion
is extremely important to know the regulation in terms of working hours. The history of the working day is practically the history of labor law, being that this was the first limitation which fought in the era of the industrial revolution, where the hours were up to 16 hours. The work session was gradually reduced until at 8 am today, so that all people can have 8 hours sleep, 8 hours for work and 8 hours for leisure.
Source: http://www.laboralis.com.ar/
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