To limit recourse to overtime in industrial enterprises so as to promote employment.
3.7.2.2. Legal basis
Law 1079 of 30.10.1955
3.7.2.3. Contents
Under the provisions in effect, overtime is understood to be those hours worked over and above 8 hours per day and 48 hours per week. Overtime is counted separately and remunerated at a rate at least 10% higher than the rate for normal work.
The rate to be paid for overtime is fixed by collective agreement taking into account the various categories of overtime: during the day, at night, on working days or public holidays, etc.
As a general rule, the law prohibits the uncontrolled use of overtime and lays down the cases in which overtime may be worked.
Overtime which does not have a purely occasional character is prohibited in industrial firms except in exceptional cases required by production and technical constraints where it is not possible to recruit additional workers.
In non-industrial firms, the use of overtime is permitted if there is an agreement between the two parties, as long as it does not exceed two hours per day and 12 hours per week, or an equivalent average duration during a set period.
The Labour Inspectorate has to be informed of overtime and is empowered to stop or restrict it.
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