DRAFT LABOR LAW

Overtime rules for temping

Bill introduces several regulations that were originally overlooked and unreported

overtime-rules-for-temping

The new labor bill is introducing overtime in part-time employment too under certain conditions, as the published text has generated strong reactions not only due to the emblematic clauses about the flexible eight-hour shift, but also for a series of clauses that were at first overlooked.

One of those is Article 56 that regulates additional labor to part-time employment as follows: “Additional labor may be supplied, provided the worker agrees, and in working hours that may not be consecutive in relation to the agreed timetable of the same day.”

That will mean in practice that a worker employed for four hours a day – if they are asked and agree – will be able to work up to an extra four hours, without them having to be consecutive: Therefore a part-timer may work for four hours in the morning and then another four in the evening. Besides the worker’s consent, a key condition is the necessary time of rest that must amount to at least 11 hours per 24-hour period.

That clause maintains the provision for the maximum time of additional work to part-time employment up to the full eight hours. The cost of overtime remains as introduced in the fall of 2019 at 12% above normal wages.

Another article provides for unpaid leave for full- or part-time workers following an individual’s written agreement with the employer, though the new clause allows for the leave to be triggered after a demand by the employer too. Experts say this may have been inspired by the new needs the pandemic has generated in the domestic market, such as forced leave.

Based on the proposedchanges, unpaid leave may last up to one full year, but could be extended after a fresh agreement between the parties concerned. For the duration of that leave the worker’s contract will be put into suspension and no social security contributions will be made.

The bill further extends the period during which a worker may take last year’s paid leave, up to the end of March.