Introduction
Due to the fact that hotels, restaurants and casino’s
are very sensitive to international competition and very labour-intensive,
the government has chosen, in the present circumstances, to establish
special rules for these branches.
As from September
23rd 2000 for these branches the following rules apply, that are
different from the Labour Decree 2000:
Duration
of labour
• Working hours per week will be a maximum
of 48 hours, calculated over a
period of four weeks, taking into account that a working day may
not be longer than 10 hours.
• Working hours per week, including overtime
can be 55 hours maximum, calculated
over a period of four weeks, taking into account that a working
day may not be longer than 11 hours.
In other words: the determination of hours worked will be done over
a period of four weeks, as a result hours can be shifted.
• Working hours per nightshift, not including
pause, will be a maximum of 8½ hours per day
(nightshift is when the employee works according to his workschedule
between midnight and six a.m.)
Hours
of rest and pause
• The weekly day of rest of the employee
according to his work-schedule (the day of rest has to be a Sunday
at least once every 13 weeks).
• On a daily basis, the time before and after his working
hours, taking into account that per 24 hours there will be at least
11 uninterrupted hours of rest.
• Holidays
Every day an
employee works more than six hours, the working time has to be interrupted
by an interval of at least one half hour, unless service does not
allow for this.
Overtime
Overtime may result from:
• Working longer hours than the maximum number of working
hours allowed per day or per week and entitles to a special rate
of 150%.
• Working on the day of rest of the employee or on a public
holiday and entitles to a special rate of 200%.
Employer and
employee can agree in writing amongst themselves that overtime will
not be paid in money but in time-back.
If the employer calls on the employee to work overtime on a day
on which he is not supposed to work, the overtime is assumed to
have lasted at least three hours.
If overtime takes place and the total duration of work and overtime
is at least ten hours, the employer is obliged to provide the employee
with a hot meal or sufficient financial compensation to this purpose.
Stand-by
duty
This is the period between two consecutive shifts during which the
employee is obliged to be on call.
While on stand-by
duty, as payable working time is regarded the time worked in reality
as a result of a call to duty. One call or more calls within one
½ hour, are supposed to have lasted at least one ½
hour.
Work performed during stand-by has to be paid as overtime.
The
director is entitled to attach additional conditions to the duration
of working hours (including overtime), pause and hours of rest with
regard to an employee or a group of employees.
Attention: all
other stipulations of the Labour Decree 2000 (P.B. 2000, no. 67)
will remain applicable, such as:
• the prohibition of child labour for children under 15;
• the employer decides in principle whether his employees
are schedule-workers or not by establishing the work schedule;
• a list of employees needs to be posted in every enterprise;
• list of employees with work schedules for schedule-workers
need to be sent to the Directorate of Labour for information;
• the employer is obliged to produce a personnel register
to the Directorate upon request;
• the employer is obliged to keep a register of overtime performed
within his enterprise and to produce this upon request by the Directorate;
• a criminal offence is punishable with imprisonment of a
maximum of four years and/or a fine of a maximum of Naf. 100.000,-;
• a violation is punishable with imprisonment of a maximum
of one year and/or a fine of a maximum of Naf. 25.000,-.
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