workday. OVERTIME
Labor Day: is the time during which the worker as an employee puts their workforce available to the employer.
is agreed between the worker and the employer but has a legal maximum is established by the Employment Contracts Act to all workers across the nation (except for work covered by the regulation and derogations expressly provided for it)
This maximum is, in principle, 8 hours daily or weekly 48 hours and can be reduced by collective bargaining. Hours worked outside of this time are considered overtime hours and must be paid as such.
TYPES OF WORKING HOURS.
NORMAL DAY DAY : is what is between the 6hs and 21hs the same day. Is 8 hours daily or weekly 48h.
This does not mean they have to be worked 8am each day without exception. The law allows the employer to distribute these hours between the days of the week provided not to exceed 48 hours. However it can never exceed 9horas normal day by day and spend the day 13hs noon Saturday.
For example, an employer may validly provide that the employee works 9 hours per day and 3 hours on Saturday (unless 13hs pass) without having to pay overtime. But if your employer has 8hrs work 10 hours Monday and Tuesday to Friday this time of excess must be paid as overtime (although has not exceeded the 48h week)
DAY NIGHT: is bounded 21hs a day and the next day 6hs. Is 7 hours per day or 42 hours per week.
The remuneration should be the same as the day shift, an employee who works 7 hours a night should be charged the same as one that performs the same work 8 hours in the day.
this work is prohibited for children under 18 years
When the day is mixed (it is day or night work) to establish maximum hours each night hour equals 1 hour and 8 minutes. For example, if the employee enters at 4 am would be two hours of the night (until 6 am) which is equivalent to 2 hours 16 minutes, so both to fulfill the 8 hours (normal time) would have to work 5 hours and 44 minutes (until 11.45hs.)
UNSAFE DAY: occurs when the characteristics of work can endanger health psychophysics of the worker.
unhealthy work must be declared in each case by the Ministry of Labour of the province.
This day can not exceed 6 hours daily and 36 weekly.
The remuneration should be the same as for normal day: who works 6 hours in unhealthy work must receive the same wage as those who work 8 hours on a normal day.
prohibited this type of work for women and children under 18.
When the day is mixed (part-time in hazardous work and part of normal day time) the most unhealthy working time is 3 hours and every one of these times is counted as 1 hour and 20 minutes to calculate the day regular work. OVERTIME
is the time to work outside working hours.
At first no one can be compelled to perform overtime hours except in cases of force majeure or imminent danger or serious threat to persons or property of the company.
AS THE OVERTIME PAY?
When they are worked in DAYS: with a surcharge of 50% of work time
normal When they are worked on Saturday after 13hs., Sundays and holidays : with a 100% surcharge on the normal working hours (twice).
For example: If you pay the $ 10 .- hour to be paid $ 15 .- in the first case and $ 20 .- in the second.
If the salary is paid per month is calculated by dividing the monthly salary by the number of hours worked during the month, it gets the value of one hour and this value is multiplied by the amount of overtime worked.
CLARIFICATION: If the agreed working time is less than the legal (eg is contracted to work 6 hours per day and work 8 hours a day):
In principle: the hours you work outside the agreed time and within the law are not paid as overtime.
EXCEPT: * It is expressly agreed (in the contract between worker and employer) that these hours would be paid as overtime;
* that the collective agreement set a day less than the legal limit for a particular category of workers ( Example 6 hours).
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