Indemnités

Indemnités d'heures supplémentaires

Normal working hours are 40 hours per week. The daily working hours are not clearly specified. However, on farms, working hours are set at 2352 hours per year. A decree of the Minister of Labour fixes the legal weekly length, within this limit, according to the seasons. In agricultural enterprises, the statutory working time may not exceed 48 hours per week.

Decisions of the Minister of Labor determines the procedure for the application of the preceding paragraphs for all branches of industry or professions or for a particular branch or profession. The decrees lay down, inter alia, the organization and distribution of working hours in a given cycle, the permanent or temporary derogations applicable in certain cases and for certain jobs, the methods for recovering lost working hours and the control measures. Agreements relating to the organization and distribution of working hours within the week may be concluded within the company or establishment.

In case of collective interruption of work due to accidents or force majeure (including accidents to equipment or shortage of raw material), daily hours of work may be prolonged in order to recover the lost hours of work, which will be paid at normal rate.

Work that may be extended beyond the normal hour-limits is specified, including: 

  1. Mechanics and electricians who handle certain machinery (1.5 hours);
  2. specialised team leaders whose presence is indispensable (1.5 hours);
  3. guarding and surveillance staff (4 hours, within a maximum of 56 hours per week).

The regular working time can be extended beyond the legal limits established in the following conditions:

  1. Urgent work which requires a necessary and immediate execution in order to prevent the inevitable loss of a good or imminent accidents; to organise rescue measures or repair accidents that happened with certain materials, either facilities, or establishment buildings. The limit on overtime in this case is of 2 hours;
  2. Urgent and exceptional work in cases of extraordinary increase of the workload. The limit of overtime in this case is of 75 hours per year.

Overtime work can be practiced in order to maintain or increase production to the limit of 18 hours per week. The Labour Inspectorate can authorize certain companies to go beyond the limit. However, in any case, the maximum working time limit of 60 hours per week cannot be exceeded.

Every work performed beyond the legal regular working time, in the absence of collective agreement or enterprise agreement, entitles the worker to the following minimum premium rates depending on the time and hours of overtime:

  1. Working days:
    • 10% of the real salary related to the execution of the work, once it is performed from the 41st hour to the 48th hours included;
    • 25% once it is performed beyond the 48th hour;
    • 50% once it is overtime performed during the night.
  2. Non-working days:
    • 10% of the real salary related to the execution of the work, once it is performed from the 41st hour to the 48th hours included;
    • 25% once it is performed beyond the 48th hour;
    • 50% once it is overtime performed during the night.
    • 50% once performed during the day, 100% once performed during the night.

For agricultural enterprises, the minimum overtime premium is 10% for the overtime work (beyond 48 hours per week) performed during day hours. If such overtime work is performed during the night hours, the overtime premium is 50%. If overtime is performed on non-working days, it leads to a premium of 50% (for work done during the day) and 100% (for work done during the night hours).

Overtime performed during night is compensated with a premium of 50% more. If night work is performed as overtime on non-working days, it leads to a premium of 100%.

Source: §131-140 of the Labour Code, 1992 (Law No. 92–020 of the 23 September 1992); §136(1 & 2) & 140(1 & 2) of the Order n°1566/MEFPT-SG regarding special provisions in the application of the Labour Code

Indemnités de travail de nuit

Night work is work performed between 21:00 and 05:00 of the following day. Labour Code does not require compensation for night work except for overtime during night hours.

Overtime performed during night is compensated with a premium of 50% more. If night work is performed as overtime on non-working days, it leads to a premium of 100%.

Source: §137(a)(b) & 141 of the Labour Code, 1992 (Law No. 92–020 of the 23 September 1992)

Congés compensatoires / Jour de repos

No statutory provision could be located in labour law regarding compensatory rest day for working on weekly rest day and public holiday.

Congés du weekend / Compensation pour travail des jours fériés

Working on weekly rest day and public holidays is prohibited.

A decree shall precise the practical modalities of remuneration of workers with regards to the legislation on holidays.

Source: §145 of the Labour Code, 1992 (Law No. 92–020 of the 23 September 1992)

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