Restrictions on Working Hours
Under the Labour Law, normal working hours cannot exceed eight hours per day or 48 hours per week. An employee must consent to work overtime. Proposed amendments to the Labour Law will likely affect the payment regime for employees who regularly work night shifts (between 10:00 pm and 5:00 am).
Special Restrictions Applicable to Shift Workers
“Nightwork” under the Labour Law is a period of at least 11 consecutive hours that includes the interval between 10:00 pm and 5:00 am. In addition to continuous work that is performed by rotating teams who sometimes work during the day and sometimes at night, work at the business may always include a portion of night work. Workers who perform permanent or shift work between 10:00 pm and 5:00 am are entitled to 130% of the normal working payment rate.
The employer must provide overtime pay to employees who work beyond the normal working hours. Overtime must be undertaken on a voluntary basis and is subject to prior approval of the MLVT. Approval for overtime can now be requested through an application on the new Ministry of Labor and Vocational Training (MLVT) online system. Overtime is limited to two hours per working day in excess of the normal eight hours. Employees are entitled to overtime pay as follows:
– Overtime work on a normal working day: 150% of the normal working payment rate.
– Overtime work between 10:00 pm to 5:00 am and work performed on a normal weekly day off 200% of the normal working payment rate. Further, workers who work on public holidays are entitled to the normal working payment rate in addition to the normal wage due on paid public holidays.