Understanding Working Hours, Leave & Compensation: A Comprehensive Guide

Posted on Aug 9, 2024 in Economy

Understanding Working Hours, Leave & Compensation

Day vs. Schedule

Are the same day and time?

• No, the workday refers to the total hours dedicated to work, while the schedule outlines the distribution of those hours, specifying the start and end times.

Irregular Workday Enjoyment

In which case you can enjoy an irregular workday?

• For instance, a home geriatric assistant caring for the elderly may have an irregular workday.

Special Workdays

What are the special workdays?

• Certain business activities require longer or shorter working hours than usual. These special workdays, with their specific rest provisions, are regulated separately.

Case Study: Maite’s Working Hours

Maite’s situation:

• 22€ (regular hourly rate) + 11€ (overtime rate) = 33€ x 10 hours = 330€ (total earnings)
• The legal limit for overtime is 80 hours, excluding breaks due to unforeseen circumstances like a fire.
• Maite worked: 34 hours (regular) + 15 hours (forced overtime) + 10 hours (voluntary overtime) = 59 hours
• Maite could still work 21 hours to reach the legal overtime limit.

Reduced Working Hours

Indicates the potential for reduced working hours a worker has in the following cases:

• Breastfeeding: You can reduce your workday by half an hour, either starting later or leaving earlier.
• Caring for a retired grandparent: You can reduce your work hours and pay by one-eighth to one-half of the reduced workday requested.
• Hospitalization due to prematurity: You can reduce your workday by one hour without affecting your salary, or up to two hours with a proportional salary reduction.

Night Shifts & Shift Work

Night Shift: Overtime cannot exceed 8 hours daily on average over a 15-day period.

Shift Work: Companies must rotate shifts so that no employee works consecutive night shifts for more than two weeks, except on a voluntary basis.

Holiday Entitlement & Compensation

Scenario: Employment from September 1, 2008, to July 30, 2009.

• According to the Workers’ Statute, the minimum annual holiday entitlement is 30 days unless the collective agreement specifies otherwise.
• Proportionate holiday entitlement for 10 months of work:

30 days ………. 12 months

X days ……….. 10 months

X = (30/12) x 10 = 25 days

• Compensation for unused holidays in 2009:

30 days ………. 12 months

X days ……….. 7 months (September to July)

X = (30 x 7) / 12 = 17.5 days

Having taken 6 days of holiday, the employee is entitled to compensation for 11.5 days.

Paid Breaks

Is an adult worker entitled to paid breaks with a daily working time from 8:00 to 15:00?

• Yes, a continuous workday exceeding 6 hours entitles the worker to a break. However, whether this break is paid depends on the collective agreement.

Paid Leave Entitlements

What paid leave is granted under the following circumstances?

• Jury Duty: The necessary time.
• Moving: 1 day.
• Death of a family member (third-degree): No permission.
• Serious illness of a family member: 4 days.
• Childbirth preparation techniques: The necessary time.

Legality of Working Hours

Are the following working hours legal?

• Hiring a 17-year-old employee from 14:00 to 21:00 without a paid 15-minute break and only half a day off per week: No, minors are entitled to at least two days off per week.
• A worker with a hospitalized newborn reducing their workday from 8 to 7 hours with a corresponding salary decrease: No, the employee is entitled to a one-hour reduction without a salary decrease.
• A mother leaving half an hour early to breastfeed her 6-month-old daughter: Yes, this falls within the legal provisions for reduced working hours for mothers with children under 9 months.
• A worker reducing their workday from 8 to 3 hours (with a corresponding salary decrease) to care for their 5-year-old grandchild: No, the legal limit for childcare reduction is half the workday, or 4 hours in this case.

Breaks Between Workdays

Which employees can have a break of less than 7 hours between workdays?

• Workers on a rotating shift system. This limitation should be compensated with breaks on immediately following days.

Annual Salary Calculation

An employee earns €680 per month with two extra payments per year of the same amount.

• What is their annual salary? The annual salary is 12 months’ salary plus two extra payments, totaling 680€ x 14 = 9,520€ per year.

Minimum Wage (SMI) and Salary Increases

If the SMI is 8,800€ per year and increases by 5%, will the company have to raise its employees’ salaries?

• A 5% increase on 8,800€ is 8,800€ + (0.05 x 8,800€) = 9,240€. The company is not obligated to increase salaries as they already pay above the new minimum wage. This is due to the principle of absorption and compensation.

If the new SMI is 9,600€ per year, should the company raise wages?

• Yes, the company must apply the increase as the new SMI is higher than the current salaries.

Respecting Existing Working Conditions

New owners of a company discover that workers’ lunch breaks are considered paid working time. Are they obligated to respect this condition agreed upon before their arrival?

• Yes, they must respect the principle of the most beneficial condition. While they can establish new conditions with a new contract, they must honor the most advantageous terms of the previous contract.

Wage Garnishment

An employee has an unpaid bank loan. If the SMI is 624€ monthly and their salary is 1,600€, what is the maximum amount that can be garnished each month?

Work-Life Balance and Victims of Gender Violence

What legal provisions are in place regarding working time for victims of gender violence?

• Victims of domestic violence are entitled to reduced working hours with a proportional salary reduction for protection or social assistance. This requires a protection order issued by a judge or a prosecutor’s report.

True or False Statements

• An irregular workday distribution can mean a worker works more than 9 hours a day: True, although it must be stipulated in the collective agreement or company policy.
• Both men and women can take breastfeeding leave: True, both parents can take leave until the child is 9 months old.
• A 15-minute break is mandatory within the workday, but whether it’s paid depends on the agreement: False, the 15-minute break only applies to continuous workdays.
• The SMI is not subject to garnishment in all cases: False, exceptions include child support or alimony payments.
• Professional contingencies for which the employee is listed as unemployment, vocational training, and FOGASA: False, FOGASA only covers the employer’s contributions.