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  • Legal system, currency, language

    Constitutional. The official currency is the Kwanza (AOA). The official language is Portuguese.

  • Corporate presence requirements & payroll set-up

    A foreign entity may engage employees in Angola with proper payroll registrations, subject to business, corporate and tax considerations. The employer is responsible for withholding from an employee's pay, and delivering to the tax authority, income tax and contributions to Angolan social security. The level of income tax is defined by the government and varies in line with the employee's salary.

  • Pre-hire checks

    Required

    Immigration compliance and pre-hire medical examinations.

    Permissible

    Reference and education checks are permissible.

  • Immigration

    Criminal and medical checks must be issued by competent authorities, a criminal record must be issued by the home country and a medical certificate must be issued by a doctor in the employee’s home country.

    The visa/work permit requirements for overseas nationals to work in Angola are having a recognized travel document valid for the Angolan territory for at least 6 months, being of legal age, not being included in the national list of undesirable persons prohibited from entering into the national territory, not constituting a danger to public order or to social security interests, complying with all health regulations established by the Ministry of Health for entry into the national territory, having an employment contract or promissory employment contract, having a certificate of professional and educational qualifications and curriculum vitae, and obtaining a positive opinion of the competent Ministry.

  • Hiring options

    Employee

    Indefinite-term contract (which is the rule), fixed-term or open-term (ie, a term contract whose termination date has not yet been defined, but that will be terminated as soon as the underlying need for contracting is no longer verified – for example, as a contract to cover absence), part-time contract, telework contract and contract under service commission regime – a particular type of contract for high-level employees which provides flexibility for termination and is not common. The parties may execute an employment contract for a fixed term or open term, which must be done in writing.  Part-time, fixed-term and open-term employees may not be discriminated against due to their status.

    Independent contractor

    Independent contractors may be engaged directly by the company or via a personal services company. Engagement may be subject to misclassification exposure. The factors that tend to indicate an individual is an employee (rather than, for example, a self-employed independent contractor) are the existence of a work schedule, the scheduling of vacation, the worker’s legal subordination to the company, the company’s authority, direction and disciplinary powers, control of punctuality and attendance over the individual, integration into the structure of the company and use of work tools belonging to the company, among others.

    In the event of misclassification, the relationship may be converted into an employment relationship on a permanent basis, and the employer may be liable to pay a fine for non-compliance.

    Agency worker

    Agency workers may only be engaged to fulfill a temporary need for work. The agency work contract duration depends on the underlying reason for hiring and does not typically exceed 12 months. Agency workers have the right to equal treatment to employees in relation to pay and other regular benefits.

  • Employment contracts & policies

    Employment contracts

    Written employment contracts are common but not mandatory, except for fixed-term, part-time, telework and service commission regime contracts as well as contracts with foreign employees and underage employees. Employment contracts cannot contain conditions that are less favorable to employees than mandatory employment legislation.

    Probationary periods

    Permissible.

    Employment contracts for an unlimited period of time may be subject to a probation period corresponding to the first 60 days of performance of work; the parties may, by written agreement, reduce or waive this period.

    The parties may extend the probation period, in writing, to up to 4 months in case of employees who perform highly technical, complex work that is difficult to evaluate, and to up to 6 months in case of employees who perform management duties.

    In an employment contract for a limited period of time, the parties may set forth a probation period in writing, and its duration cannot exceed 15 days in case of non-qualified employees, or 30 days in case of qualified employees. Angolan law does not define qualified and non-qualified, but the common practice is that qualified employees correspond to positions that involve technical complexity, a high degree of responsibility or special qualifications as well as those carrying out functions of trust.

    Policies

    Employers with more than 50 employees must, in order to organize the work and labor discipline, draft and approve employee handbooks, guidelines, instructions, service orders and work rules defining rules for the technical organization of work, performance of work and work discipline, delegation of powers, employee job descriptions, safety, hygiene and health protection of work, performance indicators, a remuneration system, working hours for the several sections of the company or work center, control of entrances and exits and circulation within the premises of the company, and surveillance and control of production.

    Employers with 50 or fewer employees may, but are not required to, implement employee handbooks on the matters described above.

    Third-party approval

    Whenever the employee’s handbook or any other rules and regulations establish rules on performance and discipline, remuneration systems, work performance or safety, hygiene and health protection at work, the employer must forward such regulations for information and registration purposes to the General Labor Inspectorate.

  • Language requirements

    Portuguese. Nevertheless, employment contracts and other documents may be drafted in a bilingual template.

  • Minimum employment rights

    Employees entitled to minimum employment rights

    All employees are entitled to minimum employment rights.

    Working hours

    Maximum daily and weekly working hours are 8 hours per day and 44 hours per week. Overtime pay is required for hours worked in excess of these limits. These limits are inapplicable to employees who perform direction and leadership duties, duties of inspection, or provide direct support to the employer. In case the employee usually performs their work outside the company's premises, an exemption regime may also be agreed upon by the parties, in which case those limits shall not apply. Typically, employees under the exemption regime are entitled to an exemption bonus.

    Overtime

    Overtime may occur with an extraordinary increase in workload, to prevent serious damage or if due to majeure force. It is subject to the following maximum limits: (a) 2 hours per day, (b) 40 hours per month and (c) 200 hours per year.

    Overtime must be compensated with additional payment (ie, an increase of hourly rates) up to 30 hours per month: 50 percent. 30 percent, 20 percent and 10 percent depending on whether it is a large, medium, small or micro company dependent on number of employees and turnover. A company which is a subsidiary or branch of a company with headquarters abroad always qualifies as a large company. Overtime that exceeds that limit is paid for each hour at an additional 75 percent, 45 percent, 20 percent and 10 percent depending on whether it is a large, medium, small or micro company.

    Wages

    The minimum wage is established by Presidential Decree. It is set out as a general minimum wage, but there is also a minimum wage for trade and extractive industry groups, transport services and manufacturing groups and agriculture groups. Under the Decree currently in force, the general minimum wage is AOA21,454.10. The following sector-specific minimum wages also apply:

    • Trade and extractive industry groups: AOA32,181.15
    • Transport services and manufacturing groups: AOA26,817.63 and
    • Agriculture groups: AOA21,454.10.

    Vacation

    Minimum 22 working days per year, plus 12 public national holidays.

    Sick leave & pay

    Employees are entitled to take off as much time as they need for sick leave. For large and medium companies: In case of incapacity to work due to illness or common accident, pay is required in the amount corresponding to 100 percent of the base salary for a period of 2 months. For as long as the employee is not entitled to protection in case of illness or common accident from the social security authorities, the employer must pay to the employee 50 percent of salary from the 3rd to the 12th month.

    In case of small and micro companies: The employee is paid, in case of illness or common accident, the amount of 50 percent of the base salary within 90 days, after which the contract is terminated by expiration if the condition of illness remains.

    Maternity/parental leave & pay

    A pregnant employee is entitled to a paid maternity leave of 3 months. The amount of the maternity allowance is equal to the average of the 2 best monthly salaries from the 6 months preceding the commencement of the maternity leave. The maternity allowance is paid directly by the employer to the employee and, subsequently, the Social Security services reimburse the employer in full. Fathers are not entitled to any leave on the birth of a child; it is only considered as a justifiable reason for absence from work for 1 day.

  • Discrimination

    Discrimination based on the following protected characteristics is prohibited: race, color, gender, ethnic origin, marital status, origin or social rank, religious beliefs, political opinion, union affiliation and language.

  • Benefits & pensions

    Both employer and employee must pay contributions to social security in Angola to cover various employee benefits (eg, maternity leave payment and retirement pension). The employer must withhold the contribution due by the employee and deliver both contributions (ie, employer and employee) to social security every month.

    Current general rates are 3 percent of the gross wage for the employee and 8 percent for the employer.

    Employees with a minimum contributory period (ie, 35 years) qualify for a retirement pension at age 60 or in cases of total incapacity.

    Employers have no legal obligation to provide complementary or supplementary social benefits in addition to the social coverage provided for by the social public scheme. However, some companies – mostly large companies or multinational companies who have their own schemes worldwide – set up and provide private complementary health and pension schemes to their employees.

  • Data privacy

    The Data Privacy Law No. 22/11, June 17 governs Angolan data privacy and determines, in general terms, how to collect, use, disclose, store and give access to "personal information."

    There is no specific regulation on employee data privacy.

  • Rules in transactions/business transfers

    Provided that the same business activity is maintained, the new employer takes the position of the former employer in the employment contracts and takes their position in respect of the rights and obligations arising from the employment relationships. This is the case even if the employment contract is terminated before the transfer. The new employer takes their position as the employer of such former employees in respect of due and non-paid credits. All credits, rights and obligations of the employer arising from the execution and implementation of the employment contract, its violation or termination are subject to a statute of limitations of 1 year starting on the day following the day of termination of the contract. Employees keep the same seniority and acquired rights which they had in the service of their former employer.

    The new employer undertakes the obligations of the former employer limited to those incurred during the 12 months prior to the modification, provided that, up to 22 business days prior to the modification, the new mployer gives notice to the employees that they must claim their credits up to the 2nd business day prior to the date scheduled for such modification. Within 22 business days following the modification of employer, the employees have the right to terminate the employment contract with prior notice, but this does not confer any right to compensation.

  • Employee representation

    Employee representative bodies are permissible but not mandatory.

    Trade unions are not common in Angola.

    In order to carry out their duties, trade union representatives are entitled to 4 paid hours a month but must notify the employer in advance of the date and number of days they require for the exercise of trade union functions. Employers are obliged to provide a suitable place for workers' meetings whenever this is requested by the union representatives. Special protections against dismissal are granted to employees who perform, or have performed, duties as union representatives, either as leaders or delegates, or members of the employees’ representative body performing union-related activities.

  • Termination

    Grounds

    Unilateral termination by the employer: dismissal based on objective grounds (ie, redundancy reasons); disciplinary dismissal with just cause (ie, based on serious breach of the employee's duties).

    Termination without cause (with notice): only for employees hired under an employment contract of service commission regime (a particular type of contract for high-level employees which provides flexibility for termination but is not common).

    Other termination causes: mutual agreement, termination by the employee (ie, termination with notice or constructive dismissal with just cause), expiration (ie, fixed-term and open-term contracts or retirement).

    Employees subject to termination laws

    All employees.

    Restricted or prohibited terminations

    Special protection against dismissal is granted to employees who perform, or have performed, duties as union representatives, either as leaders or delegates, or members of the employees’ representative body performing activities; women covered by the regime of maternity protection; war veterans as per the definition provided by the applicable law; employees under the legal age; employees with a reduced work capacity or with a disability degree equal or higher than 20 percent.

    As a general rule, a copy of the notice served on the employee must be forwarded to General Labor Inspectorate.

    Third-party approval for termination/termination documents

    Except in respect of protected employees, third-party approval is not required to terminate an employment.

    Mass layoff rules

    If economic, technological or structural circumstances occur, which may be clearly demonstrated and which involve an internal reorganization or conversion, or the reduction or the shutting down of activities, which makes it necessary to eliminate or significantly change job positions, the employer may terminate the employment contracts of the employees who perform such job positions.

    Collective dismissal rules are triggered if the dismissal involves at least 20 employees.

    Information to the General Labour Inspectorate is required. However, there is no need to obtain approval for termination.

    The General Labor Inspectorate may undertake the diligence deemed necessary for clarification of the situation and, in case of a collective dismissal, during the period in which the evaluation of the General Labor Inspectorate occurs, the employer may promote a meeting with the representative body or with the committee appointed for the purpose of exchange of information and clarification and may forward the conclusions of the meetings to the General Labor Inspectorate.

    Notice

    For individual dismissals based on objective grounds (up to 20 employees): the employer must forward, at least 30 days in advance, prior notice of dismissal to the employee or employees who occupy the job positions to be extinguished or transformed.

    For collective dismissal: the prior notice is 60 days.

    Notice periods in case of term contract: 15 business days if its duration is equal to or higher than 3 months.

    Statutory right to pay in lieu of notice or garden leave

    Payment in lieu of notice is permitted (and required if the notice period is not honored).

    Garden leave is allowed during the notice period.

    Severance

    Fair dismissal based on objective grounds (redundancy/collective dismissal):

    • Large companies: compensation corresponds to 1 base salary for each year of effective service up to the limit of 5 and an additional 50 percent of the base salary multiplied by the number of years of service that exceed such limit
    • Medium companies: compensation corresponds to 1 base salary for each year of effective service up to the limit of 3 and an additional 40 percent of the base salary multiplied by the number of years of service which exceed such limit
    • Small companies: compensation corresponds to 2 base salary and an additional 30 percent of the base salary multiplied by the number of years of service which exceed the limit of 2 years
    • Micro companies: compensation corresponds to 2 base salary and an additional 20 percent of the base salary multiplied by the number of years of service which exceed the limit of 2 years

       

      Fair disciplinary dismissal: no severance.

      Higher severance payments may be agreed and are usual as a way to avoid litigation.

  • Post-termination restraints

    A clause of the employment contract which restricts the activity of the employee for a period of time, which may not exceed 3 years from the termination of the contract, is lawful if the following conditions are met: (a) such clause is included, in writing, in the employment contract, or in its addendum; (b) the activity performed may cause real damage to the employer and may be considered as unfair competition; (c) the employee is paid a salary during the period of restriction of work: the corresponding amount will be included in the contract or its addendum, and it must be taken into account, in its calculation, the fact that the employer may have incurred in significant expenses in the professional training of the employee.

    A clause which requires an employee who benefits from professional improvement or higher level education at the expense of the employer to remain at the service of the same employer for a certain period of time, provided that such period does not exceed 1 year, in case of training of professional improvement and up to 3 years in case of courses of high level education, is also lawful if established in writing. In this case, the employee may release themselves from remaining at the employer’s service by repaying to the employer the amount of the expenses incurred by the employer, in proportion to the remaining time until the term of the agreed period. The employer that hires the employee within the period of restriction of activity in the company is jointly liable for the damages caused by the employee or for the amount not returned by the employee.

  • Waivers

    In principle, statutory rights cannot be waived and any waiver of such rights will be null and void.

  • Remedies

    Discrimination

    Fine corresponding to 5 to 10 times the average salary paid by the company.

    Unfair Dismissal

    The employee may challenge the validity of the dismissal before the labor courts.

    If the relevant court declares the dismissal to be unlawful, by final judgment, the employer must immediately re-instate the employee in the same job position and benefiting from the same previous conditions, or, alternatively, shall indemnify the employee (compensation is different depending on whether it is a large, medium, small or micro company and the cause of dismissal).

    In addition to re-instatement or the compensation, the employee is entitled to the base salaries they would have received if they had continued to perform work, until the date on which the employee finds a new job or up to the date of final judgment, whichever comes first, with a maximum limit of 6 months of base salary for large companies, 4 months to medium companies and 2 months for small and micro companies.

    Failure to inform and consult

    Not applicable.

  • Criminal sanctions

    Typically, non-compliance with employment laws leads to administrative proceedings which may lead to the payment of fines. If such non-compliance is based on violation of rights that deserve protection under criminal law, it may also lead to this type of judicial proceedings.

  • Key contacts

Minimum employment rights

Angola

Employees entitled to minimum employment rights

All employees are entitled to minimum employment rights.

Working hours

Maximum daily and weekly working hours are 8 hours per day and 44 hours per week. Overtime pay is required for hours worked in excess of these limits. These limits are inapplicable to employees who perform direction and leadership duties, duties of inspection, or provide direct support to the employer. In case the employee usually performs their work outside the company's premises, an exemption regime may also be agreed upon by the parties, in which case those limits shall not apply. Typically, employees under the exemption regime are entitled to an exemption bonus.

Overtime

Overtime may occur with an extraordinary increase in workload, to prevent serious damage or if due to majeure force. It is subject to the following maximum limits: (a) 2 hours per day, (b) 40 hours per month and (c) 200 hours per year.

Overtime must be compensated with additional payment (ie, an increase of hourly rates) up to 30 hours per month: 50 percent. 30 percent, 20 percent and 10 percent depending on whether it is a large, medium, small or micro company dependent on number of employees and turnover. A company which is a subsidiary or branch of a company with headquarters abroad always qualifies as a large company. Overtime that exceeds that limit is paid for each hour at an additional 75 percent, 45 percent, 20 percent and 10 percent depending on whether it is a large, medium, small or micro company.

Wages

The minimum wage is established by Presidential Decree. It is set out as a general minimum wage, but there is also a minimum wage for trade and extractive industry groups, transport services and manufacturing groups and agriculture groups. Under the Decree currently in force, the general minimum wage is AOA21,454.10. The following sector-specific minimum wages also apply:

  • Trade and extractive industry groups: AOA32,181.15
  • Transport services and manufacturing groups: AOA26,817.63 and
  • Agriculture groups: AOA21,454.10.

Vacation

Minimum 22 working days per year, plus 12 public national holidays.

Sick leave & pay

Employees are entitled to take off as much time as they need for sick leave. For large and medium companies: In case of incapacity to work due to illness or common accident, pay is required in the amount corresponding to 100 percent of the base salary for a period of 2 months. For as long as the employee is not entitled to protection in case of illness or common accident from the social security authorities, the employer must pay to the employee 50 percent of salary from the 3rd to the 12th month.

In case of small and micro companies: The employee is paid, in case of illness or common accident, the amount of 50 percent of the base salary within 90 days, after which the contract is terminated by expiration if the condition of illness remains.

Maternity/parental leave & pay

A pregnant employee is entitled to a paid maternity leave of 3 months. The amount of the maternity allowance is equal to the average of the 2 best monthly salaries from the 6 months preceding the commencement of the maternity leave. The maternity allowance is paid directly by the employer to the employee and, subsequently, the Social Security services reimburse the employer in full. Fathers are not entitled to any leave on the birth of a child; it is only considered as a justifiable reason for absence from work for 1 day.

Argentina

Employees entitled to minimum employment rights

The Employment Contract Law No. 20,744 (LCL) governs the minimum employment rights in Argentina.

Pursuant to Article 3º of the LCL, the law governs everything related to the validity, rights and obligations of the parties, provided the employment contract is performed in Argentina, even if the contract was entered into abroad.

The LCL applies to "workers," which covers not only employees working under an employment contract, but also other individuals who personally perform work or provide services for the employer.

For this purpose, "work" should be understood as any legitimate activity that is provided in favor of someone who has the power to direct that work, through the payment of remuneration for those activities and/or services rendered.

The main factors that tend to indicate that an individual is an employee rather than a worker or self-employed worker are:

  • The employee must be available to work for their employer or
  • The employer directs and subordinates the employee, appoints the services and duties required and orders the employee to comply with a schedule.

Courts also consider the extent to which the worker depends economically on the income obtained from the alleged employer.

Working hours

The general maximum number of hours is 8 hours per day or 48 hours per week for all employed workers in public or private enterprises. Each extra hour worked above these limits is deemed overtime.

Notwithstanding the foregoing, Article No. 3 of Law No. 11,544, in its subsections a), b) and c), regulates exceptions to the abovementioned maximum limitation on working hours. The limitations do not apply to employees performing duties under the form of a "job team" – that is, working in a special coordinating rotation system – nor to employees performing duties in high-level positions (eg, main managers or directors).

Overtime

Employees in Argentina are allowed to perform overtime. Overtime is only compulsory in cases of danger, accidents or imminent force majeure, or by exceptional demands of the national economy or the company (Article No. 203 of the LCL).

Overtime must be paid with a surcharge of 50 percent, calculated using the employee's usual salary if the overtime hours were worked during business days, and 100 percent on Saturday after 1pm, Sunday or holidays. In no event may employees work overtime of more than 3 hours per day, 30 hours per month or 200 hours per calendar year.

Wages

The national minimum wage (NMW) is updated regularly by the National Council of Employment dependent of the Ministry of Work, Employment and Social Security (Ministry). The NMW rate as of January 2020 is ARS20,587.50 per month (by means of Resolution No. 4/2020 of the Labor Ministry).

Most CBAs also provide for a specific minimum wage applicable to employees subject to the CBA.

Vacation

Employees with less than 5 years seniority are entitled to 14 calendar days after 6 months of work. This increases to 21 calendar days for employees with between 5 and 10 years of seniority, 28 days for employees with between 10 and 20 years of seniority and 35 days for employees with more than 20 years of seniority. For employees with less than 6 months of service, employers must grant 1 day of vacation per worked month. Companies should grant vacation to their employees between October 1 to April 30 of the following year.

Sick leave & pay

Sick or accident leave of up to 3 months per year must be provided to employees with less than 5 years of seniority, while 6 months must be granted to employees with seniority of 5 years or more. For employees with "family dependents" – generally understood to be the immediate family that economically depends on the employee’s wage and labor benefits – these periods are doubled to 6 and 12 months, respectively.

Maternity/parental leave & pay

Pregnant employees may take leave of 45 days prior to giving birth and up to 45 days after giving birth. However, the employee may choose to reduce the leave prior to giving birth, as long as it is not less than 30 days, and may add those days to the maternity leave period after the birth of the child. In the event of premature birth, the period of the leave that has not been taken before the birth will be added to the leave period after the childbirth. Further, the employee is entitled to earn her gross remuneration, without any withholding contributions made to the social security system, during maternity leave. The ANSES (as defined below) pays the remuneration of employees during maternity leave.

Fathers are entitled to paid leave of 2 consecutive days for the birth of his child. There is no general regulation providing other parental leave after the birth of a child.

Australia

Employees entitled to minimum employment rights

Most employees are covered by federal minimum employment rights; a minority derive minimum rights from state jurisdictions.

Working hours

For full-time employees, 38 hours a week, although an employer may require an employee to work reasonable additional hours.

Overtime

Overtime payment – or overtime loading – may be required under an applicable award or enterprise agreement.

Wages

National minimum wage as of July 1, 2020 is AUD753.80 per week or AUD19.84 per hour. This is reviewed annually.

Vacation

Four weeks' paid annual (ie, vacation) leave during each year of service, accruing progressively. In addition, an employee is entitled to be absent from work and receive normal pay on a usual workday that is a public holiday; 8 days in total are observed nationally, with additional public holidays in some states and territories. Untaken annual leave is paid out to the employee on termination of employment. Casual employees are not normally paid for their vacation or public holidays. To make up for this, they receive extra pay, called casual loading.

Sick leave & pay

Employees are entitled to 10 days of paid personal or carer's leave for each year of service, with untaken leave accumulating from year to year. An employee may take the leave if they are not fit for work because of personal illness or injury, or to provide support to a member of the employee's immediate family who requires care or support because of personal illness, injury or an unexpected emergency. Personal or carer’s leave is not paid out on termination of employment.  Casual employees are not normally paid for their sick leave. To make up for this, they receive extra pay, called casual loading.

Maternity/parental leave & pay

Each member of an employee couple – not necessarily employed by the same employer – is entitled to be absent from work without pay for separate periods of up to 12 months (with each employee's leave generally to be taken as a single continuous period) in relation to the birth or adoption of a child, subject to certain conditions and exceptions. As a result, the couple may take up to a total of 24 months' leave between them. However, if only 1 person is taking leave as opposed to both members of the couple, or if 1 member of an employee couple wishes to take more than 12 months' leave, the employee may request a longer period from the employer. The period of extension cannot exceed 12 months less any period of parental leave taken, or intended to be taken, by the other member of an employee couple. Any extended period of parental leave taken by the 1 member of the couple reduces the amount of leave available to the other member of the couple by the same amount.

If both members of the couple are taking unpaid leave, the leave entitlement must be used in 2 separate periods. However, there are the exceptions of "concurrent leave" and "keeping in touch" days, where the couple is entitled to take up to 8 weeks of unpaid parental leave at the same time.

A separate paid parental leave scheme exists, entitling eligible employees to 18 weeks' pay at the national minimum wage during their parental leave, to be paid by the government via employers.

Austria

Employees entitled to minimum employment rights

All employees are entitled to minimum employment rights provided by law. In addition, most employees are entitled to minimum rights provided by the applicable collective bargaining agreement. Since in Austria almost every industry branch has its own collective bargaining agreement, minimum rights may differ (eg, minimum wages, annual leave and working time).

Working hours

In general, a limit of 40 hours a week and 8 hours a day. Most collective bargaining agreements provide for a 38.5-hour week.

Overtime

Legal obligation to provide payment for overtime worked, but individual agreements for all-in salaries are generally possible, depending on the individual status of the employee. For all-in salaries agreed after December 29, 2015, the employer is obligated to declare which amount of the salary is for the normal working time (ie, base salary) and which is deemed as overpayment for overtime work. The base salary must be at least the minimum wage according to the applicable collective bargaining agreement.

Wages

Mandatory minimum wages provided in collective bargaining agreements, not by law.

Vacation

25 working days per year, and 30 working days per year after 25 years' seniority.

Sick leave & pay

Legal obligation to provide payment for 6 weeks; after that period, obligation to pay 1/2 for another 4 weeks. In case of a work accident or an occupational disease, the employee is entitled to sick payment for 8 weeks (with effect from July 1, 2018).

Maternity/parental leave & pay

Minimum maternity leave starts at 8 weeks before giving birth, according to the calculated birth date by a physician, and ends at 8 weeks after birth. The mother is paid a portion of her wages from social insurance in that period. Unpaid parental leave with the right to return to work for up to 2 years after birth of the child.

Within 8 weeks of the birth of their child, fathers are legally entitled to a "daddy month." The daddy month is unpaid by the employer, but the employee receives an allowance from social insurance.

Bahrain

Employees entitled to minimum employment rights

All employees. Additional rights are also available to minor workers (ie, those under the age of 18) and women.

Working hours

The maximum ordinary working hours is 48 hours per week at the rate of 8 hours per day. During the month of Ramadan, the maximum working hours is 36 hours per week at the rate of 6 hours per day.

Overtime

Not to exceed 2 hours per day.

Wages

At present, pursuant to the National Employment and Training Scheme, Bahraini nationals who hold high school diplomas are entitled to a minimum wage of BHD270 monthly. Bahraini nationals who hold diploma degrees are entitled to a minimum wage of BHD350 monthly, and Bahraini nationals who hold university degrees are entitled to a minimum wage of BHD400.

Vacation

Employees are entitled to 30 days' vacation, where the employee's period of service is at least 1 year accrued at a rate of 2.5 days a month. If an employee's period of service is less than 1 year, leave is calculated on a pro-rated basis.

Sick leave & pay

Employees are not entitled to statutory sick leave until they have completed 3 months' service and provided they have proven their sickness with a certificate from a physician approved by the employer. Employees are entitled to 55 days of sick leave per year of service thereafter (ie, 15 days at full pay, 20 days at half pay and the remaining 20 days without pay). The entitlement of a worker to sick leave on full or half pay may be accumulated for a period not exceeding 240 days.

Maternity/parental leave & pay

60 days' maternity leave at full pay. A female employee may take a further 15 consecutive or non-consecutive days without pay.

There is no concept of paternal leave or pay in Bahrain.

Belgium

Employees entitled to minimum employment rights

All employees are entitled to minimum employment rights, but some categories of employees are excluded from the scope of the legislation on working time and overtime, such as employees with a managerial position or a position of trust, who are strictly defined by royal decree, sales representatives and home workers.

Working hours

Average of 38 hours per week limit on working time. Deviations based on industry level provided in collective bargaining agreements within the competent joint committees.

Overtime

In principle, only allowed due to certain events (eg, sudden, unexpected increase of the workload or work to prevent or repair damages to assets) and under certain conditions (eg, written employer/employee agreement complying with a specific procedure, prior consent of the trade union delegation and notification to the Belgian Federal Government Service of Employment Labor and Social Dialogue).

Wages

At least EUR1.625,72 gross per month; deviations on industry level and deviations for employees younger than 21 years or with limited seniority.

Vacation

30 days per year, which includes 10 public holidays; deviations on industry level possible. Sick leave & pay

Employees are entitled to sick leave in case of incapacity of work. Employees are entitled to 30 days’ guaranteed remuneration, paid by the employer:

  • If the employee is a white-collar worker: equal to 100 percent of the employee's remuneration
  • If the employee is a blue-collar worker: equal to 100 percent of the remuneration during the first 7 days, reduced to 85.88 percent of the remuneration from day 8 until day 14 inclusive, further reduced from day 15 until day 30 inclusive

Afterwards, the employees are entitled to disability allowances paid by the National Health Service.

Maternity/parental leave & pay

15 weeks of maternity leave with deviations in case of multiple births. During leave, allowances paid by the National Health Service (ie, 82 percent of pay for first 30 days, then 75 percent); right to return to work and protection against dismissal.

15 days of paternity leave at birth for a child born between January 1, 2021 and January 1, 2023; right to return to work and protection against dismissal. 4 months of full-time parental leave; possibility to take up part-time parental leave (1/2 or 1/5 of working time); right to return to work; protection against dismissal.

Brazil

Employees entitled to minimum employment rights

All.

Working hours

As a general rule, full-time employees' working hours cannot exceed 8 hours per day or 44 hours per week. Collective bargaining agreements may provide that the employees subject to them will work fewer than 44 hours per week. Certain types of employees are not subject to control of work hours.

Overtime

Maximum 2 hours per day. Compensation for overtime hours must exceed compensation for normal hours by at least 50 percent. Collective bargaining agreements may provide for higher amounts of overtime compensation. It is not possible to make a fixed payment in lieu of overtime.

Wages

Currently, the national minimum wage for 2021 is BRL1,100 per month. Regional minimum salaries and minimum salaries set out in collective bargaining agreements often apply and may be higher.

Vacation

Employees are entitled to remunerated vacations (30 days) for every 12-month period of work, beginning 12 months after their hiring date. The vacation payment is equivalent to 1 month's wage, plus at least 1/3 of the monthly wage. Granting of vacation is subject to specific terms and conditions set forth by law.

Sick leave & pay

The company must pay wages corresponding to the first 15 days of sick leave absence. After the 15th day of absence, the employee will be entitled to social security benefits. Collective bargaining agreements may require payments in addition to the social security benefit for a limited period.

Maternity/parental leave & pay

Women are entitled to paid maternity leave of 120 days starting on the date of their child’s birth or 28 days before such event. Adopting mothers have the same right. After the birth of a child, fathers are entitled to a paid 5-day leave.

Collective bargaining agreements may set out additional requirements.

Canada

Employees entitled to minimum employment rights

In most cases, all employees are subject to minimum labor and employment standards legislation. However, there are a number of common exceptions to some or all of these standards based on the nature of the employee's position or work and the employee's qualifications. For example, professionals (eg, lawyers and doctors) are often exempt from some or all of the minimum standards; supervisors and managers are often exempt from hours of work and overtime rules; and various jurisdictions have exemptions for IT professionals or special rules for particular industries.

Working hours

Daily and weekly maximums vary by jurisdiction. Standard working hours are, on average, 40 hours per week.

Overtime

Overtime rules vary by jurisdiction with some jurisdictions having daily overtime thresholds (often 8 hours) and others having weekly overtime thresholds (often 40 to 44 hours per week). Overtime is generally payable at 1.5 times the employee's regular rate and, in some jurisdictions, after a certain threshold is reached, 2 times the employee's regular rate. Overtime eligibility is not restricted to employees paid on an hourly basis. Salaried employees may also be eligible for overtime.

Wages

Minimum wage varies by jurisdiction. In addition, many jurisdictions have different minimum wages for certain categories of employees, such as food servers and students. 

Vacation

Amounts and related requirements vary by jurisdiction. In many jurisdictions, vacation entitlement starts at 2 weeks of vacation time following 12 complete months of service; however, vacation pay ( eg, a corresponding 4 percent of wages) begins to accrue immediately upon the commencement of employment. In most jurisdictions, vacation entitlement increases to 3 weeks (and 6 percent vacation pay) after 5 years of service. Many employers provide a greater vacation entitlement and allow vacation to be taken in the first year of employment as the vacation time accrues. "Use it or lose it" policies are not permissible in most jurisdictions.

In addition, paid time off for public/statutory holidays is also required, and certain requirements must be met if employees will work on a public/statutory holiday.

Sick leave & pay

Entitlements vary by jurisdiction but are generally without pay.

Employees in most jurisdictions have rights to a certain number of days of statutorily protected but unpaid sick leave. Some jurisdictions require a certain number of sick days to be paid, while the remainder is unpaid.

Although not required to do so, many employers provide additional paid sick days as well as short- and long-term disability benefits. Employees without access to such benefits may have the right to claim Employment Insurance sick leave benefits. A number of jurisdictions also provide employees with a certain number of statutorily protected but unpaid days to deal with responsibilities in relation to a family member. Some jurisdictions require a certain number of these days to be paid, while the remainder is unpaid.

Notwithstanding applicable statutory sick leave and family responsibility entitlements, employers also have a duty to accommodate an employee on the basis of, among other things, disability and family status. Therefore, an employer may be required to permit an employee to be absent without pay for more than their statutory sick leave days.

Maternity/parental leave & pay

Entitlements differ slightly by jurisdiction. In most jurisdictions, pregnant employees have the right to take pregnancy (ie, maternity) leave of up to 17 weeks (18 weeks in Quebec and 19 weeks in Saskatchewan) of unpaid time off work.

In addition, in most jurisdictions, new parents – whether by birth or adoption – have the right to take unpaid parental leave of between 59 and 63 weeks, depending on the jurisdiction, when a child is born or comes into their care or control for the first time. Parental leave does not need to be commenced immediately upon the birth of the child or when the child first comes into the employee's care or control, and employees in some jurisdictions have up to 78 weeks to start the leave, while in other jurisdictions, the leave must be completed within 78 weeks. Birth mothers who have taken pregnancy leave must commence parental leave immediately after the end of the pregnancy leave in most jurisdictions, except where the child has not yet come into their care, custody or control.

Employers must generally maintain benefits for the pregnancy or parental leave; however, the employee may usually be required to pay their share of the premiums. Subject to certain narrow exemptions, employees have a right to reinstatement at the end of the leave and continue to earn credit for length of service and seniority during the leave.

An employer cannot penalize an employee in any way because the employee is or will be eligible to take a pregnancy or parental leave, or for taking or planning to take a pregnancy or parental leave.

In Quebec, birth fathers are also eligible for up to 5 weeks of unpaid paternity leave, and all employees are eligible for 5 days – 2 of which are paid days – of leave upon the birth or adoption of a child or the termination of a pregnancy.

Chile

Employees entitled to minimum employment rights

All.

Working hours

Normal working hours cannot exceed 45 hours per week and 10 hours per day. The 45-hour workweek cannot be spread over less than 5 days or more than 6 days. An employee is required to take a 30-minute lunch break, which is not included in working hours. Certain types of employees are not subject to working hour limitations (eg, sales staff that provides services outside the company premises, managers and teleworkers).

Overtime

A maximum of 2 hours of overtime is allowed per day. Such overtime must be paid at a rate 50-percent higher than the employee's regular pay. Overtime must be agreed to in writing, and the agreement cannot have a duration that exceeds 3 months.

Wages

CLP326,500 (approximately USD445) is the current statutory minimum salary. Salary is payable on a monthly basis.

Chilean law provides that companies that earn profits in a fiscal year (January 1 to December 31) must share part of such profits with its personnel by distributing 30 percent of net profit, calculated in proportion to the employee's yearly salary. The basis to determine profits is the corporate taxable income, subject to certain adjustments, less 10 percent of net equity. However, the employer may pay a bonus of 25 percent of the yearly salary in lieu of the profit-sharing obligation. In this case, the bonus cannot exceed a maximum of the 4.75 monthly minimum wages (approximately USD2,110) regardless of the level of salary of the employee.

The company and the employees may agree on a different profit-sharing system, provided the payment to the employee is not lower than 1 of the 2 abovementioned alternatives. However, annual performance-based bonuses programs cannot be used to replace this profit-sharing obligation.

Vacation

Employees are entitled to 15 working days (Monday to Friday) paid vacation after 1 year of continuous employment. Employees with 10 or more years of experience receive an additional day of vacation for every subsequent 3 years of service.

Sick leave & pay

There is no limit to the number of sick days that employees may take. Employees are paid their normal wage through social security entities subsidies from the first day of sickness if the total number of sick days is greater than 10. When the total number of sick days is 10 or fewer, the employee receives subsidies from their 4th day of sickness only. As the subsidies are funded through employee contributions, in order to qualify, the law requires employees (among other requirements) to have paid into the system for a certain amount of time. Sick leave requires a medical certificate.

Maternity/parental leave & pay

Mothers receive 210 days of maternity leave paid by a government subsidy. This includes 6 weeks of pre-birth leave, 12 weeks of after-birth leave and either 12 additional weeks of leave or 18 weeks of half-time work. A portion of this final parental leave can be transferred to the other parent.

China

Employees entitled to minimum employment rights

All.

Working hours

40 hours per week and 8 hours per day, except in the case of a flexible working hour system and comprehensive working hour system, which requires approval from the local labor authority.

Overtime

For work in excess of the standard working hours, overtime is due; the amount ranges between 150 and 300 percent of the employee's daily salary rate or hourly salary rate, depending on when the employee carried out the overtime.

Wages

Minimum wage stipulated by local regulations.

Vacation

Employees who have worked for 1 full year or more after graduation are entitled to 5 to 15 days' annual leave with pay. The duration of leave for each employee is determined by reference to their accumulated years of work (with all employers, not just the current employer).

Sick leave & pay

Generally, reduced pay may be paid for sick leave days according to the local standard.

Maternity/parental leave & pay

98 days’ statutory entitlement of maternity leave. Additional maternity leave may apply, depending on location. Employees that experience a difficult childbirth receive 15 extra days. For multiple births (eg, twins or triplets), 15 extra days may be added for each child. After giving birth, female employees are entitled to 1 paid working hour per day for nursing purposes until the baby is 1 year old. Parental leave varies from 7 to 30 days, depending on location.

Colombia

Employees entitled to minimum employment rights

All.

Working hours

Up to 48 hours a week and 8 hours per day. Employees must have at least 1 paid day off every 6 days (usually Sundays). The Colombian Labor Code allows employees to work 48 hours per week distributed over 5 days in order to also have all Saturdays as days of rest.

Special shifts are permitted according to the needs of the company.

Overtime

An employee may not be required to work more than 2 hours per day as overtime or more than 12 hours in a given week. The ordinary working day is from 6:00am to 9:00pm. Overtime during the day is paid at a rate of 25 percent on top of the ordinary hourly rate. The working night is from 9:00pm to 6:00am; workers who ordinarily work during these hours must be paid 35 percent on top of the ordinary hourly rate. Overtime pay for night work is equivalent to 75 percent on top of the ordinary hourly rate.

Employers must have a special permit from the Ministry of Labor for overtime work.

Employees who perform functions of direction, trust or management as well as employees who are engaged in intermittent activities or in activities of simple vigilance (eg, security guards), provided they stay at the workplace, are excluded from the above rules regarding the maximum workday and overtime.

Wages

The minimum wage is determined by the Colombian government every calendar year. The minimum wage for 2021 is COP908,526 (approximately USD260) per month. The minimum wage is increased annually using the Consumer Price Index (IPC) as a reference.

Salaries in Colombia may be agreed under the ordinary or integrated salary scheme.

Employees under the ordinary salary scheme are entitled to the following mandatory fringe benefits and payments in addition to the monthly remuneration:

  • Severance aid. Equivalent to 30 days of salary for every year of service, proportionally for fractions of a year.
  • Interest on severance. Equivalent to 12 percent of the severance payment per year, proportionally for fractions of a year.
  • June and December service bonus. Equivalent to 15 days' salary, payable to the employee every calendar year. The 1st payment must be made on the last day of June, and the second payment must be made within the 1st 20 days of December, in proportion to the time worked during the respective calendar semester.
  • Vacation. 15 working days of vacation for every year of service.
  • Work clothes 3 times a year (ie, April, August and December) to employees who earn less than twice the minimum wage.
  • Transportation allowance (for the year 2021: COP106,454, approximately USDD30) for employees who earn less than twice the minimum wage.

The ordinary salary scheme is mandatory for salaries below 13 times the monthly minimum wage (COP11,810,839 for 2021). If the proposed salary is equal or higher to that amount, an integrated salary scheme may be agreed.

The monthly integrated salary includes the legal, social or fringe benefits provided to employees, except for vacations (employees are entitled to 15 business days of vacation per year). This includes the following:

  • Severance aid (auxilio de cesantías)
  • Interest on severance aid (intereses a las cesantías)
  • Legal service bonuses and extra-legal bonuses Any type of surcharge
  • Sunday and holiday surcharge and days off Night work surcharge
  • Subsidies and in-kind supplies
  • Travel allowances, within the Colombian territory or abroad Bonuses of all types and natures
  • In general, all benefits that an employee receives in money or in kind, either regularly or sporadically, except for vacation

The minimum monthly integrated salary must be equivalent to at least 13 times the minimum wage.

Vacation

The employee is entitled to 15 business days of vacation per year, proportional to the fraction of a year.

Sick leave & pay

If an employee cannot work due to illness or an accident, a medical authorization from a Colombian Social Security entity must be obtained in order for the employee to get paid for the days during which the employee could not attend work. The employer pays sick leave during the employee's absence (for an indefinite period) but, as from the third day of sick leave, the employer can claim the payment back from the social security system.

Maternity/parental leave & pay

Paid maternity leave for every employed pregnant or adoptive mother in Colombia is granted for 18 weeks. Mothers are entitled to 1 week before childbirth and 17 weeks after. For medical reasons the mother can have 2 weeks before childbirth or can have the 2 weeks before childbirth postpartum, which means that the maternity leave will last 18 weeks after childbirth. Adoptive mothers, and fathers in charge of the newborn in case of sickness or death of the mother, are also entitled to this maternity leave.

A male employee is given 8 business days of paid paternity leave when his spouse or significant other gives birth or he adopts a child.

Czech Republic

Employees entitled to minimum employment rights

All.

Working hours

Standard regular working time is 40 hours per week with limited statutory exceptions. Rules on rest breaks, night work and rest periods between shifts apply.

Overtime

Some limits on the extent of overtime to be performed by employees. The employer may request overtime only up to 150 hours per calendar year. Parties may agree to overtime of up to 416 hours per calendar year if the average overtime in 26 consecutive weeks (52 if stipulated in a collective agreement) does not exceed 8 hours per week.

Obligation to provide salary plus premium or time off for overtime. Option to include future overtime in the employee's salary (up to 150 hours per calendar year for regular employees and up to 416 hours per calendar year for managerial employees).

Wages

As of January 1, 2021, the base rate of the minimum wage is CZK15,200 per month, or CZK90.50 an hour.

Vacation

Statutory minimum of 4 weeks per calendar year, excluding public holidays.

Sick leave & pay

Statutory sick leave and pay, subject to participation in the social security scheme and additional obligations. During the first 14 days of sickness, the employee is entitled to salary compensation (60 percent of average earnings with certain reduction factors) from the employer. After this period, sick leave is funded from the social security system.

Maternity/parental leave & pay

Maternity leave of 28 weeks (37 weeks for multiple births), paid within the state social security system for the entire duration of maternity leave at the rate of approximately 70 percent of daily salary, subject to certain reduction factors. Protection against termination.

Paternity leave of 1 week within 6 weeks after the birth of the child, paid within the state social security system for the entire duration of paternity leave at the rate of approximately 70 percent of daily salary, subject to certain reduction factors.

Parental leave available for women after the end of maternity leave as well as for men after childbirth, until the child reaches the age of 3 (duration to be determined by employees). Parental pay, as a part of state social security system, available until the child reaches the age of 4 in a total sum of up to CZK300,000, and CZK450,000 for, for example, twins or triplets. Protection against termination.

Denmark

Employees entitled to minimum employment rights

Most employment legislation sets out mandatory rules with regard to employment terms which may not be derogated from to the detriment of the employee. Most of these mandatory rules apply to all employees regardless of, for example, length of service.

Working hours

The maximum average working hours according to the Working Time Directive Act are 48 hours per week, which are calculated as an average over any period of 4 months. A general working week for a Danish employee is 5 days, working typically an average of 37.5 hours per week exclusive of a daily lunch break.

The Working Environment Act contains provisions stating that working hours are to be organized to allow a period of rest of at least 11 consecutive hours within every 24-hour period. Furthermore, it provides that employees are to have a weekly 24-hour period off, which must be immediately connected to a daily rest period. The weekly 24-hour period off must, if possible, take place on Sunday.

Overtime

Overtime is not regulated by law except as provided by the Working Time Directive. However, overtime is very often regulated in collective agreements.

Wages

In Denmark, there is no statutory regulation on national or sectoral minimum salary or wages.

However, collective agreements often contain several provisions regarding salary or wages.

Vacation

A new Holiday Act came into force on September 1, 2020 with transitional provisions as from 2019.

The new Holiday Act has introduced concurrent holiday, meaning that every employee may take paid holiday as soon as the holiday has been accrued.

The employee accrues 2.08 days of holiday for each month of employment – accordingly, 25 days of paid holiday per year. The holiday year runs from September 1 to August 31 of the following year. The period in which the accrued holiday may be taken is equal to the holiday year plus 4 months (ie, from September 1 to December 31 the following year) – in total, 16 months.

Sick leave & pay

All employees are entitled to absence during sickness. Most collective agreements and the Danish Salaried Employees Act contain provisions ensuring that employees are entitled to full salary during sickness. If an employee is not entitled to receive pay during sickness from the employer, the employer may be obliged to pay compensation equivalent to the authorities' sickness benefits for the first 30 days. After the 30-day period, the authorities continues to pay the sickness benefit.

After a consecutive period of absence of 30 days due to sickness, the employer may be reimbursed for a certain amount of sickness benefits by the authorities if the employer pays salary during an employee's sickness period and the sickness lasts for more than 30 days.

Maternity/parental leave & pay

A pregnant employee is entitled to absence from work from the beginning of a 4-week period preceding the expected date of birth. After childbirth, the mother is entitled to 14 weeks of maternity leave with the first 2 weeks being mandatory leave.

Employees covered by the Danish Salaried Employees Act are entitled to 50 percent of their salary (including the value of benefits) from the employer for a period from 4 weeks before the expected date of birth until 14 weeks after the actual date of birth. This is the only legal obligation for the employer to pay salary during maternity leave.

It is common in Denmark under collective agreements, and under some individual agreements, that employees are entitled to full pay from the employer for a certain period during maternity leave.

After the child is born, the father (or partner of the mother) is entitled to 2 consecutive weeks of unpaid paternity leave, which must be taken during the 14 weeks of maternity leave or as otherwise agreed with the employer. The employer is not required to pay salary, but it is common for collective agreements, and some individual agreements, to provide for full salary for some or all of the paternity leave. The employee may be entitled to a state benefit.

After the 14th week following childbirth, the parents each have a right to parental leave of 32 weeks, which may be extended by up to 14 weeks. The parents may choose whether to take the parental leave at the same time or consecutively until the child reaches the age of 9. In the absence of an agreement with the employer regarding salary during parental leave, employees are entitled to state benefits for a total of 32 weeks.

The same rights (with certain modifications) apply to adoptive parents and same-sex parents. Note, however, that adoptive parents can only take leave if the state decides that 1 or both parents must stay at home to take care of the child.

Finland

Employees entitled to minimum employment rights

All employees are entitled to minimum employment rights under statute. Generally binding CBAs in place across most sectors also specify minimum employment conditions. Employers that do not belong to an employers' association with a CBA must still observe the minimum collective conditions for their sector. In general, managers in leading positions in the company are often excluded from the scope of a CBA, but only the managing directors, as agents of the company, are excluded from the scope of employment laws.

Working hours

Working hours are specified by the Working Hours Act or under the relevant CBA. Regular working hours are typically 7.5 or 8 hours per day and 37.5 to 40 hours per week. The Working Hours Act and CBAs also allow for different working-hour arrangements and stipulate mandatory rest periods.

Overtime

Employees may work both additional hours and overtime. Overtime requires the employee's separate consent each time. The working time of an employee, including overtime, must not exceed an average of 48 hours per week over a 4-month period.

According to the Working Hours Act, overtime is compensated with additional pay unless it is agreed the employee will be compensated with time off. Daily overtime is work that exceeds 8 hours in a day; for daily overtime, the first 2 hours are paid with a 50-percent increase on normal salary and any hours thereafter with a 100-percent increase. Weekly overtime is work done on the employee’s normal day off that exceeds 40 hours in that week; for weekly overtime, all hours are paid with a 50-percent increase on normal salary. CBAs may include different provisions regarding overtime compensation.

Wages

There is no national minimum wage in Finland. Minimum wages are specified in the relevant CBAt, if applicable. Otherwise, wages must be "reasonable.”

Vacation

An employee who works at least 14 days or 35 hours a month is entitled to paid annual holiday time. An employee is entitled to 2.5 weekdays of holiday for each full holiday credit month. However, the entitlement is 2 weekdays of holiday for each full holiday credit month if the employment relationship has been uninterrupted for a period of less than 1 year by the end of the holiday credit year (the period from April 1 to March inclusive).

When the number of holidays is calculated, any fraction of a day is rounded up to constitute 1 full day of holiday. Full annual holiday entitlement covers 4 weeks of summer holiday and 1 week of winter holiday. CBAs may include more favorable vacation entitlements.

An employee who works less than 14 days or 35 hours a month is not entitled to any holiday for that month. An employee who, in accordance with their contract, works less than 14 days or 35 hours during all calendar months is, during the employment relationship, entitled to 2 weekdays of leave for each calendar month in which the employment relationship has been in force. The employee is entitled to receive as holiday compensation 9 to 11.5 percent of their pay for their time at work during the holiday credit year.

Sick leave & pay

Employees are entitled to paid sick leave if they are prevented from performing their work due to an illness or an accident.

The relevant rate of sick pay is specified under the Employment Contracts Act and/or in the relevant CBA. Based on the Employment Contracts Act, employees are entitled to full pay for the period of disability up to the end of the 9th day following the date of falling ill, subject to this entitlement ceasing at the point at which the employee's right to national sickness allowance under the Sickness Insurance Act comes into effect. In employment relationships that have continued for less than 1 month, employees are correspondingly entitled to 50 percent of their pay. CBAs typically include more agreeable sick pay entitlements.

Maternity/parental leave & pay

Maternity leave begins 30 to 50 working days or about 5 to 8 weeks before the expected time of birth. However, work is allowed during maternity leave if it can be done without endangering the safety of the mother, fetus or child. The minimum period of maternity leave is 4 weeks (ie, 2 weeks before the expected time of birth and 2 weeks after giving birth). The maximum period of maternity leave amounts to 105 working days. The period of paternity leave lasts for a maximum of 54 days. 158 working days of parental leave may be shared between the mother and the father. An employer is not required to pay the employee salary during family leave unless otherwise agreed in the applicable CBA. Employees who adopt a child are entitled to the same leave as parents of a biological child.

France

Employees entitled to minimum employment rights

All.

Working hours

Legal working time is 35 hours per week. Other working-time schemes available depending upon the terms of the CBA.

Employees may be entitled to RTT or resting days to compensate for days worked above the legal working time, under the conditions set by CBAs.

Overtime

Overtime is compensated with increased rest or by an equivalent rate. Annual threshold of 220 hours, unless otherwise provided by an applicable company agreement or CBAs.

Wages

The minimum wage for 2021 is EUR1,554.58 gross per month for a 35-hour week. In addition, minimum (higher) salaries may be provided by applicable CBAs.

Vacation

Subject to more favorable terms specified in a CBA, 5 weeks (ie, 25 working days, if working Monday through Friday, or 30 working days, if working Monday through Saturday.

Additional RTT or resting days may apply (see above).

Sick leave & pay

Subject to more favorable terms specified in a CBA, daily indemnity is paid by the Social Security Authorities as of the 4th day of absence. The waiting period of 3 days is waived for an employee who has tested positive for the coronavirus disease 2019 (COVID-19) or who is symptomatic while waiting for their test result. The employee must be unable to telework and must be off work during the isolation period.

For employees with at least 1 year of seniority within the company, social security indemnity is to be supplemented with an employer-paid indemnity, depending on certain conditions and within certain limits, as of the 8th day of absence (the 1st day in case of occupational accident or sickness):

  • 90 percent of the employee's gross compensation for the first 30 days of absence
  • 2/3 of such compensation for the next 30 days, with each 30-day period increased by 10 days per full period of 5 additional years' seniority, up to 90 days for each compensation period

Maternity/parental leave & pay

The following provisions apply in the absence of more favorable provisions of the CBA.

  • Maternity leave: The minimum duration of maternity leave is 16 weeks.
  • Maternity insurance: Daily indemnity paid by the Social Security Authorities under certain conditions.

The employer is not required by law to maintain the employee's salary in whole or in part but is often required to do so by the applicable CBA or common practice.

  • Paternity leave: up to 11 consecutive days (18 days in case of multiple births) to be taken in principle within 4 months of the birthdate and 3 days as a birth leave.
    • As of July 1, 2021, paternity leave will be 25 days and 3 days as a birth leave.
  • Parental leave: upon the expiry of the maternity leave. 1 year to be extended up to 3 years. Full-time leave or part-time work permissible during the leave period.

Germany

Employees entitled to minimum employment rights

All.

Working hours

On average, 48 work hours per week in any 6-month period; working time on a workday may not exceed 10 hours. Uninterrupted minimum break of 11 hours after every workday. Work on Sundays and official holidays requires special permission.

Overtime

No overtime rate set forth by statute – instead, subject to contractual agreement, which is largely regulated by standard contract term provisions. The agreement must be fair; any provision incorporating overtime into overall wages must be related to a defined amount of overtime.

Wages

As of January 1, 2021, the new minimum wage will be EUR9.50 gross per working hour. Generally, these rules also apply to trainees, except those undergoing compulsory practical training. A few more exceptions are made for arrangements regarding apprentices, volunteers and former long-term unemployed workers.

Vacation

Four weeks per year plus local public holidays (between 9 and 12 days, depending on the state).

Sick leave & pay

Statutory sick leave and pay provisions allow for up to 6 weeks of employer-paid sick leave, followed by 72 weeks of sick allowance paid through the public health fund.

Maternity/parental leave & pay

A maternity leave of 14 weeks is fully paid by the employer. Parental leave paid by the state for 12 months – 14 months if the other parent takes at least 2 months – with a 67-percent net payment rate (ie, Basic Parental Allowance). Further 24 months of unpaid parental leave is possible with full protection of the workplace and right to return to work. Parental Allowance Plus is available for twice as long as Basic Parental Allowance. The employee can choose either 1 month in which the employee receives Basic Parental Allowance or 2 months in which the employee receives Parental Allowance Plus. If the employee does not work after their child’s birth, Parental Allowance Plus is half the amount of Basic Parental Allowance.

Hong Kong, SAR

Employees entitled to minimum employment rights

The EO applies to every employee engaged under a contract of employment, to any employer of such employee and to any contract of employment between such parties. Employees to whom the EO applies are entitled to basic protections including payment of wages, restrictions on wage deductions, the granting of statutory holidays (albeit not necessarily paid) and employment protection in respect to unlawful dismissal. Employees who are employed under a continuous contract (ie, for 18 hours a week for 4 consecutive weeks or where the parties agree that the employee will be continuously employed, known as continuous employment) are entitled to further benefits such as rest days, paid annual leave, sickness allowance, paid statutory holidays, maternity leave, paternity leave, severance payments and long-service payments.

Working hours

Currently no restrictions, except for young employees who are between the ages of 15 and 18 and are employed in an industrial undertaking.

The Labour Department has been engaging its 11 industry-based tripartite committees – comprising representatives of the Labour Department, employers and employees – to formulate non-binding, sector-specific working-hour guidelines for 11 industries.

Overtime

No obligation to provide pay for overtime worked.

Wages

Statutory minimum wage is currently set at HKD37.50 per hour.

Vacation

Between 7 and 14 days, depending on length of service. In addition, there are 12 statutory holidays. Banks, educational institutions, governmental departments and many private employers also elect to observe general holidays in addition to the minimum 12 statutory holidays. General holidays are declared to be every Sunday as well as on 17 additional days, a number that includes the 12 statutory holidays.

Sick leave & pay

Employees in continuous employment accrue paid sickness allowance at a rate of 2 paid sickness days for each completed month of service in the first year of employment and 4 paid sickness days for each completed month of service thereafter, up to a maximum accrual of 120 sickness days. Sickness allowance is paid by the employer, and payment is only due for sickness days taken by an employee if the employee has taken 4 or more consecutive sickness days off. Once the employee is off for at least 4 sickness days, each sickness day is deemed subject to be paid the sickness allowance, including the first 3 days, up to the maximum accrual; however, this 4-consecutive-day requirement does not apply to any day off taken by a female employee for her pregnancy checkups, post-confinement medical treatment or miscarriage. Sick leave must also be supported by a valid medical certificate. Sickness allowance is paid at a daily rate equivalent to 4/5 of the daily average of wages earned by the employee during the period of 12 months immediately before the sickness day or the first sickness day, as appropriate – or, if the employee has been employed by the employer for a period shorter than 12 months immediately before the sickness day, the shorter period.

Maternity/parental leave & pay

14 weeks' maternity leave. This is paid at 4/5 of the employee's average daily wages, subject to a cap of HKD80,000 for the last 4 weeks of the 14-week maternity leave, if the employee has been in continuous employment for no less than 40 weeks at the commencement of maternity leave. For employees without 40 weeks' continuous employment, maternity leave is unpaid. Employers, after payment of all maternity leave pay on the normal payday, may apply to the government for reimbursement of the last 4 weeks’ maternity leave pay payable and paid under the Employment Ordinance. Where an employee gives birth later than expected, the employee may extend the period of maternity leave by the number of days between the expected date of birth and the actual date of birth. This period is unpaid.

Finally, an employee may take a further period of up to 4 weeks for illness or disability arising out of the pregnancy or childbirth. This period is unpaid and is in addition to sickness allowance. The EO grants 5 days' paternity leave to male employees who are employed under a continuous contract in Hong Kong in respect of the birth of each child of which he is the father. Provided the employee has been in continuous employment for no less than 40 weeks at the commencement of the paternity leave, the paternity leave is paid at 4/5 of the employee's average daily wages. For employees without 40 weeks' continuous employment, the paternity leave is unpaid.

 

Hungary

Employees entitled to minimum employment rights

All employees are entitled to minimum employment rights.

Working hours

Normal working time for full-time employees is 8 hours per day. The parties may stipulate shorter or, in specific cases (eg, standby duty or those working in a family business), longer working hours for full-time employment. Rules apply in relation to rest breaks and rest periods between working days.

Overtime

Overtime worked must not breach the daily and weekly maximum working time, which, including overtime, in a single working day must not exceed 12 hours and must not exceed 48 hours per working week.

The annual maximum overtime limit is 250 hours, or 300 hours if provided by a collective agreement. However, by written agreement of the employer and the employees, the employer may require 150 hours (or 100 hours, if the annual maximum overtime limit is already raised to 300 hours by collective agreement) of additional overtime annually from employees subject to the agreement.

An employee is entitled to a wage supplement for overtime, which is 50 percent of base salary in case of overtime beyond the regular daily working time. A wage supplement must also be paid in return for any "extraordinary" work completed on weekly rest days or public holidays (ie, 50 percent plus a day off or 100 percent).

Wages

The mandatory minimum wage is HUF167,400 from February 1, 2021. A higher minimum wage – the so-called guaranteed wage minimum – of HUF219,000 for 2021, applies to jobs requiring higher education (eg, a secondary school or vocational training).

Vacation

The amount of the paid basic holiday is 20 days per year, which is increased according to the age of the employee, up to 30 days for employees over 45 years of age.

Also, special holiday entitlements apply (eg, for employees with children).

Sick leave and pay

Employees are entitled to 15 days of sick leave per year, during which they receive 70 percent of their salary by way of an absence fee, which is entirely borne by the employer. After the first 15 days of sick leave in a calendar year, social security takes over payment of sick pay; however, 1/3 of the cost is borne by the employer.

Maternity/parental leave and pay

Maternity leave is 24 weeks during the pregnancy period and after giving birth. Leave should be scheduled by the employer so that a maximum of 4 weeks' leave is taken before the planned date of childbirth. If eligible, employees receive 70 percent of their average salary for this period, which is covered by the social security system.

A father is entitled to 5 days off within the 2-month period following the date of his child's birth.

Employees are entitled to parental leave without pay until the child reaches the age of 3 in order to care for the child at home; this is longer for disabled or sick children. During this period, the employee receives child care pay from the social security system amounting to 70 percent of average salary until the child reaches 2 years of age, and the minimum amount of old-age pension after the child’s 2nd birthday until they reach 3 years of age.

India

Employees entitled to minimum employment rights

Depends on the category of employee and other factors, including remuneration, location of employee and type of industry. However, pursuant to various labor statutes that govern the workforce, an employee is at a minimum entitled to minimum wages as framed by the relevant state government. Additionally, an employee is entitled to a statutory bonus, provident fund contributions, insurance coverage, maternity benefits and severance dues, if they meet the eligibility norms as set out under these statutes.

Working hours

Working hours are governed by a variety of statutes depending on the nature of the activity undertaken by the establishment and the location of the establishment.

Working hours are governed either by the Factories Act 1948 or the relevant State specific S&E Act, depending on the nature of the activity undertaken by the establishment. For example, if the establishment is a factory, the Factories Act applies, and if the establishment is involved in a commercial activity, then the local S&E Act applicable in the region in which the establishment is located applies. Generally, these statutes provide for working hour limits both on a daily and weekly basis. The normal daily hour limits range from between 8 and 9 hours, and the usual weekly limit is 48 hours. Under the Factories Act, the daily limit cannot be exceeded without the prior permission of the authorities. The Factories Act will be subsumed under the OSH Code when it comes into force. Under the OSH Code, the daily working hours have been reduced from 9 hours to 8 hours per day. Under the local S&E Act, the normal working hour limits may only be exceeded up to certain prescribed limits.

Some local S&E Acts exempt certain categories of employees (such as managerial employees) or certain establishments (such as establishments involved in information technology) from all or some of the provisions of the statute.

State-specific S&E Acts generally prohibit women employees from working at night. However, certain states have permitted women employees, working in certain industries or across the board, to be employed during the night, subject to the employer adhering to certain requirements, such as ensuring safety and wellbeing of the women employees and providing them adequate facilities, including safe transportation. The OSH Code also allows women to work at night – that is, beyond 7:00pm and before 6:00am, subject to adhering to the conditions relating to safety, holidays, working hours and their consent.

Overtime

If employees are required to work more than the prescribed minimum working hours, they are normally required to be paid at a prescribed overtime rate. Overtime wages are generally calculated at the rate of twice the employee’s ordinary rate of pay.

Wages

India follows the standard of a ''minimum wage'' as opposed to living wage. State government under the Minimum Wages Act, 1948 fixes minimum wages for time work, piece work and overtime work. The minimum wage to which an employee is entitled is dictated by a variety of factors, including:

  • The nature of employment
  • The industry in which the employee works and
  • The geographic location where the employee works.

The Code on Wages, 2019 introduces a new concept of “floor wages” which is to be determined by the central government after taking into consideration the minimum living standards of a worker. Floor wages are the minimum wages below which state governments cannot fix their state-level minimum wages.

The Payment of Wages Act, 1936 provides that wages should be paid at intervals of no longer than a month. Consequently, it is the duty of every employer to ensure that wages are paid to its employees on a monthly basis, the prescribed registers are maintained and that the prescribed notices are displayed on the premises. The statute also regulates the scope and extent of deductions an employer may make from wages. This statute is currently applicable to employees whose monthly wages do not exceed INR24,000. However, the Wage Code does not prescribe a threshold of wages for applicability of provisions of the Payment of Wages Act, 1936 to the employees. The eligibility threshold prescribed under the Payment of Wages Act, 1936 will be obsolete once the Wage Code comes into effect. Some local S&E Acts provide for similar restrictions in relation to permissible deductions that may be made from wages. Additionally, the Equal Remuneration Act, 1976 lays down provisions relating to equal remuneration to be payable to both men and women workers and prevention of discrimination based on gender in matters of employment. The Wage Code, when in force, will replace the Equal Remuneration Act, 1976.

Vacation, holidays and time off

Generally, all employees are entitled to a weekly day off.

Leave entitlement is generally covered by the employment contract. However, where the employer is involved in a commercial activity, the local S&E Acts will apply, and these determine the minimum thresholds concerning holiday entitlement. The thresholds usually range from 12 to 18 days' holiday per year.

The Factories Act, 1948 provides that every adult worker who has worked in a factory for at least 240 days in a calendar year is entitled to 1 day's leave with wages for every 20 days of work. Furthermore, under the OSH Code, the number of days an adult worker is required to work in a calendar year to be eligible for annual leave with wages has been reduced from 240 days to 180 days.

Sick leave & pay

Sick leave varies from state to state. Certain local S&E Acts contain provisions concerning sick leave and casual leave, which generally ranges from 12 to 24 days. In addition, the Standing Orders Act, if applicable, may contain sick leave provisions. Generally, an employee is entitled to the most beneficial leave entitlement provisions that are provided under the Standing Orders Act or S&E Act or the employer’s service rules.

Maternity/parental leave & pay

Indian law provides for maternity and associated leave for female employees. The law does not provide for paternity or parental leave for male employees, and such leave, if provided, would be in accordance with any contractual arrangement entered into with the employer.

Maternity leave is governed by the Maternity Benefit Act, 1961 (MBA) and Employees' State Insurance Act, 1948 (ESI Act). The ESI Act currently applies to employees whose monthly salary does not exceed INR 21,000; employees who are not covered by the ESI Act receive their maternity benefits in accordance with the MBA.

Under the MBA, women employees with fewer than 2 surviving children are entitled to maternity leave of 26 weeks. Women with 2 or more surviving children are entitled to 12 weeks of maternity leave. Further, the MBA Act provides 12 weeks leave to women employees who legally adopt a child of less than 3 months of age and to commissioning mothers (ie, employees who have children through surrogacy).

A pregnant woman suffering from an illness arising out of pregnancy, delivery, premature birth of child, miscarriage, medical termination of pregnancy or tubectomy operation is entitled to leave with payment of maternity benefit for an additional period of 1 month.

A female employee is also entitled to leave with maternity benefit for 6 weeks in the case of miscarriage or medical termination of the pregnancy, and for 2 weeks with payment of maternity leave for a tubectomy operation.

The MBA also provides for nursing breaks and a medical bonus of INR3,500 to the employee where the employer does not provide for post-natal confinement and post-natal care.

Amendments to the MBA require employers with 50 or more employees in their establishment to provide crèche facilities for their female employees. The crèche must be within a distance prescribed by the government, and female employees must be allowed 4 visits to the crèche each day, including their rest break. If the work assigned to a female employee is such that she can work from home then, after maternity leave, she and the employer may mutually agree to terms and conditions for her to work from home.

Indonesia

Employees entitled to minimum employment rights

All, with certain exceptions in respect to expatriate employees.

Working hours

Limit of 7 hours a day, or 40 hours a week, in a 6-day week; or 8 hours a day, or 40 hours a week, in a 5-day week. These working hours do not apply in certain sectors or types of work, which will be regulated further under Government Regulations and have not yet been issued.

Overtime

An employer who employs workers in excess of the standard work hours is obliged to pay overtime, with limited exceptions. Under current regulations, an employer is not obliged to pay overtime to those in certain positions of responsibility. The overtime payment rate depends on how many hours are worked overtime and the timing of such overtime work. Except for certain sectors of business or work, overtime may be performed for up to 4 hours a day or up to 18 hours a week. Overtime working hours and pay will be regulated further under Government Regulations, which have not yet been issued.

Wages

Wages are established based on a certain period or unit of return. There is no national minimum wage. Provinces or regencies/cities settle their own minimum wage every year.  The minimum wage is intended to cover employees working a 40-hour week in the formal sector – that is, any job sector or industry that is recognized, monitored and regulated by the government. The minimum wage does not apply to micro- and small businesses.

Vacation

Minimum of 12 days of paid vacation or annual leave per year after 12 months of uninterrupted service.

Muslim employees may take special leave in order to fulfill religious duties (ie, a pilgrimage to Mecca). In practice, this entitlement only applies once after the employee has worked for a certain period in accordance with the company regulations or collective labor agreement. In practice, pilgrimage leave is usually up to 40 days.

Sick leave & pay

Sick leave is not recognized under the Indonesian Manpower Law and by regulation. When sick, employees are entitled to their usual pay, and the number of paid sick days is not limited.

The employee receives 100 percent of their salary for the first 4 months of the sickness; the percentage of pay decreases thereafter. If the sickness continues after 12 months, the employee may be terminated with severance payment. Female employees are additionally entitled to 2 days of menstrual leave during the first and second day of menstruation if they do not feel well. Female employees generally do not take such leave.

Maternity/parental leave & pay

Pregnant employees are entitled to 3 months of fully paid maternity leave, of which 1.5 months is to be taken in the prenatal period and the remaining 1.5 months in the post-natal period. The timing of maternity leave is often flexible in practice. A period of 1.5 months of fully paid rest must be given to those who have miscarried.

A male worker is entitled to 2 days of paid paternity leave if his wife gives birth or miscarries.

An employee is entitled to 2 days of paid leave for their child's wedding, circumcision, baptism or death.

Ireland

Employees entitled to minimum employment rights

All.

Working hours

Working time is limited to 48 hours per week calculated over a 4-month period, subject to certain exceptions. Rules on rest breaks, night work and rest periods between shifts also apply. Zero-hour contracts have recently been prohibited, and banded-hours contracts have been introduced for employees whose actual hours do not reflect their contracted hours.

Overtime

As long as overall pay does not fall below the statutory minimum, there is no obligation to provide pay for overtime worked. A premium must be paid for Sunday work, unless the fact that the individual must work on a Sunday has already been taken into account in determining pay.

Wages

The National Minimum Wage increased from EUR10.10 per hour to EUR10.20 per hour from January 1, 2021.

Vacation

There are 9 public holidays.

Annual leave entitlement is based on hours worked:

  • 4 working weeks in a leave year in which the employee works at least 1,365 hours or
  • 1/3 of a working week for each month in the leave year in which the employee works at least 117 hours or
  • 8 percent of the hours the employee works in a leave year (subject to a maximum of 4 weeks).

Sick leave & pay

A medical certificate is usually required after 3 days' absence. Employees may be entitled to state illness benefit after 6 days, but there is no other general right to receive sick pay from the employer.

Maternity/parental leave & pay

26 weeks’ ordinary maternity leave, during which the employee may be entitled to maternity benefit from the state, plus 16 additional weeks during which no state benefit is payable. General right to return to work.

24 weeks’ ordinary adoptive leave, during which the employee may be entitled to adoptive benefit from the state, plus 16 additional weeks during which no state benefit is payable. General right to return to work.

26 weeks’ unpaid parental leave to be taken before the child reaches the age of 12 (increased from 22 weeks as of September 2020).

2 weeks’ paternity leave, during which the employee may be entitled to paternity benefit from the state. This entitlement applies to any parent who is a "relevant parent" – the child's father; the spouse, civil partner or cohabitant of the child's mother; or adopting mother or sole male adopter, as well as parents of a donor-conceived child. Same-sex couples jointly adopting a child must choose 1 parent to be the "relevant parent."

2 weeks’ paid parent’s leave for a child born or adopted on or after November 1, 2019, set to increase to 5 weeks from April 2021. May only be taken within 52 weeks of the birth of the child or in the first year of adoption.

Israel

Employees entitled to minimum employment rights

All.

Working hours

Up to 42 hours a week for full-time employees with a 5 day work week, reducing the length of one particular work day (typically 9 hours per day) each week by 1 hour, with such a day to be decided by the employer. The total number of working hours per month is 182 hours for full-time employees.

Overtime

Up to 3 hours per day and a maximum of 16 hours per week. Pay of 125% of the base hourly wage for the first 2 hours of overtime per day, 150% of the base hourly wage for any additional overtime hours. Special rates for weekend and night work.

Wages

Minimum wage is ILS 29.12 per hour, which corresponds to a monthly salary of ILS 5,300 for a full-time position.

Vacation

Based on seniority. Assuming a 5-day work week, the annual minimum vacation entitlement is 12 business days – 1st 5 years of employment; 14 business days – 6th year; 15 business days – 7th year; 16 business days – 8th year; 17 business days – 9th year of employment; 18 business days – 10th year; 19 business days – 11th year; 20 business days – 12th year and after. In addition, employees are entitled to 9 days of public holidays per year.

Sick leave & pay

Under law, employees are entitled to 1.5 sick days per month of employment (18 days per year). Sick leave can be accumulated up to a maximum of 90 days. The employer is not required to pay for the first day of sick leave but it may be deducted from the annual sick leave entitlement. On the 2nd and 3rd sick days an employee will be paid 50% of his or her salary, and beginning on the 4th day of sick leave, the employee will be paid his or her full salary until accrued sick days are fully used. During sick leave, benefits are paid in the same ratio as salary. Special rules apply with respect to sick leave due to the illness of a child under the age of 16, a parent or a disabled child. In practice, many companies in Israel pay full salary from the first sick day.

Maternity/parental leave & pay

In general, up to 26 weeks' maternity leave (may be extended to up to 1 year, based on seniority with employer), paid for up to 15 weeks by the National Insurance Institute; right to return to work for at least 60 days. Men can take what remains of the mother's leave as paternity leave (after the first 7 weeks of maternity leave which is reserved for the mother) but only if mother returns to work during her maternity leave period. In addition, a man may take 1 day leave on the day his partner/spouse gives birth and up to 5 days leave following the day his spouse/partner gave birth, without the need for employer's consent. Generally these rules also apply to adoptions, and special rules also apply with respect to multiple births.

Italy

Employees entitled to minimum employment rights

All, with distinctions based on the employee level pursuant to the applicable collective bargaining agreement.

Working hours

48-hour-per-week limit on working time.

Overtime

Statutory limits to overtime depending on the industry sector and the applicable collective bargaining agreement.

Wages

Minimum rates are set in the applicable collective bargaining agreement and depend on the category of employee and enrollment level. Under Italian law, there are 4 categories of employees: workers (operai), white-collar employees (impiegati), middle managers (quadri) and executives (dirigenti). Collective bargaining agreements set sub-levels within the category of white-collar employees. The applicable collective bargaining agreement may require 13th or 14th salaries.

Vacation

Employees are entitled to a minimum of 4 weeks (excluding public holidays) of paid vacation for each year of service. At least 2 weeks of vacation must be taken during the entitlement year. Vacations cannot be replaced by monetary compensation before the employment is terminated. Collective bargaining agreements may provide additional holidays. In addition, Italian law provides for the following public holidays: January 1, January 6, Easter Monday, April 25, May 1, June 2, August 15, November 1, December 8, December 25, December 26 and the day of the patron saint of the place of work.

Sick leave & pay

In case of illness or accident, employees cannot be dismissed before a period of time determined by law or by the time the applicable collective bargaining agreement has expired. The entitlement to sick pay depends on the applicable collective bargaining agreement.

Maternity/parental leave & pay

Pregnant employees must not work for 2 months before and 3 months after childbirth. Subject to certain conditions, the leave may be taken earlier or later. Female employees cannot be dismissed from the first day of pregnancy until the child is 1 year old, except in certain circumstances (eg, shutting down of the company or just cause). During maternity leave, employees receive an allowance from the social security body (INPS). Subject to and conditional on a specialist doctor's opinion, mothers may be allowed to work until the 9th month of pregnancy. In these circumstances, mothers therefore take the entire 5 months' period of maternity leave after the childbirth. Since 2020, fathers are obliged to take 7 days off within 5 months of their child's birth. They may also take 1 additional optional day as an alternative to 1 day of the mother's maternity leave. Collective bargaining agreements may contain requirements for company-paid leave. Parental leaves may be taken by the parents until the child is 12 years old.

Japan

Employees entitled to minimum employment rights

Generally applicable to all employees.

Working hours

Employers cannot require employees to work for more than 8 hours per day or 40 hours per week unless they enter into a labor management agreement with either a labor union or a representative of the majority of employees in the workplace. The agreement must set out the maximum hours of overtime work (currently 45 hours per month and 360 hours per year, unless the agreement includes a special clause allowing for additional overtime in exceptional circumstances).

Overtime

Subject to certain limited exemptions which have been interpreted by the Japanese courts and the Ministry of Health, Labor and Welfare narrowly (eg, persons who are considered managers may be exempted in some cases), employers must pay minimum overtime rates as follows:

Basic overtime rate 125 percent of base hourly wage
Work on a "rest day"* 135 percent of base hourly wage
Late-night overtime (between 10:00pm and 5:00am) 150 percent of base hourly wage
Late-night overtime on a "rest day" 160 percent of base hourly wage
Overtime work in excess of 60 hours/month** 150 percent of base hourly wage
Late-night overtime in excess of 60 hours/month** 175 percent of base hourly wage
*Employers are required to grant at least 1 day off per week, known as a rest day.
**Small to mid-sized companies are currently exempted from the additional rate due where hours exceed 60 per month until March 31, 2023.

From April 1, 2019, caps have been placed on overtime, while small to middle-sized companies can enjoy a grace period. Overtime cannot exceed 100 hours in any single month or 80 hours on average for any 2 months over any 6-month period. Overtime also cannot exceed 720 hours in a year.

Wages

Minimum wages are set by prefecture. In addition, certain industries have minimum wages that apply to employees working in that industry.

Vacation

Where an employee has been continuously employed for 6 months and has attendance of at least 80 percent of the total number of working days during that period, they are entitled to a minimum of 10 days' paid annual leave on the day after completing 6 months of employment. Entitlement increases by 1 day per year for the following 2 years and by 2 days per year thereafter, up to a maximum of 20 days per year. Employees are entitled to carry over unused annual leave for 1 year. There are several national holidays in Japan, and, while not legally required, most employers recognize the national holidays or provide additional holiday pay for workers who are required to work on national holidays. From April 1, 2019, employers are obliged to ensure that employers who have 10 or more annual leave days take at least 5 of those days within a year of the leave being given.

Sick leave & pay

No statutory right to paid sick leave unless the work rules or employment contract provide otherwise.

Maternity/parental leave & pay

A pregnant employee is entitled to maternity leave for a period of 6 weeks before the expected date of birth and 8 weeks after the birth. An employee who lives with and is raising a child up to 1 year of age (and in some cases, up to 2 years of age) is eligible for childcare leave. In addition, employees are eligible for family care leave of up to 93 days (up to 3 times from January 2017) to care for a family member. These absences are unpaid unless otherwise provided in the work rules or the employment contract. An employee generally receives an allowance equivalent to a certain percentage of their salary under the national unemployment insurance scheme.

Kenya

Employees entitled to minimum employment rights

All.

Working hours

A normal working week should consist of no more than 52 hours of work spread over 6 days of the week as well as 1 full rest day.

Overtime

Overtime is paid at the rate of 1.5 times the normal hourly rate and at the rate of twice the basic hourly rate on a rest day or public holiday.

Wages

In most cases, wages are contractually agreed by the parties. However, for low-skilled employees, the minimum wages are set out in the Regulation of Wages General Order and revised each year by the government.

Vacation

Statutory minimum of 21 working days' vacation with full pay for each completed year of service, in addition to all Gazetted public holidays in Kenya.

Sick leave & pay

After 2 consecutive months of service, an employee is entitled to sick leave of no less than 7 days with full pay and, thereafter, to sick leave of 7 days with half pay, in each period of 12 consecutive months of service.

Maternity/parental leave & pay

Female employees are entitled to 3 months' maternity leave with full pay (no forfeiture of annual leave on account of maternity).

Male employees are entitled to 2 weeks' paternity leave with full pay.

Kuwait

Employees entitled to minimum employment rights

All. Additional rights are also available to young workers (ie, those under the age of 18) and women.

Working hours

8 hours per day or 6 hours during Ramadan. This equates to a 48-hour maximum for a 6-day working week, Saturday to Thursday (inclusive) (construction/blue collar/retail etc), or 36 hours for a 6-day week during Ramadan. Over a shorter 5 day working week this is c. 9 ½ hours. The working-hour provisions presume that the employee is working a 6-day week.

Overtime

Not to exceed 2 hours per day or 180 hours per year unless the work is essential for preventing the occurrence of a dangerous accident, the repair of any breakdown or avoiding a substantial loss. Additional work periods should also not be required more than 3 times per week or 90 days per year.

There is no carve-out in the Labor Law for senior executive managerial or supervisory positions in respect of the working hours and overtime provisions, although we understand that, in practice, professional employees are often exempted from overtime provisions.

Wages

At present, the minimum wage in Kuwait is KD120 per month, which is applicable in most sectors.

Vacation

All employees are entitled to fully paid leave for 30 working days in each year of service; the Labor Law has recently been amended to expressly state that annual leave is based on working days. In the first year of service, employees are not entitled to take their leave until they have been in the service of the employer for at least 6 months.

Sick leave & pay

An employee is entitled, after completing probation, to up to 75 days' sick leave per annum, payable as follows:

  • First 15 days on full salary
  • Next 10 days on 3/4 salary
  • Next 10 days on 1/2 salary
  • Next 10 days on 1/4 salary
  • Thereafter, leave without pay for up to 30 days

Maternity/parental leave & pay

Female employees are entitled to maternity leave with full pay for a period of 70 days. Employees are also entitled to leave without pay for a maximum period of 4 months, to be granted upon request.

There is no legal requirement to provide paternity, adoptive or parental leave in Kuwait.

An employer is not permitted to terminate the employment of an employee or give the employee notice of termination while the worker is on any of the leaves permitted by the Labor Law.

Luxembourg

Employees entitled to minimum employment rights

All.

Working hours

The standard number of working hours for employees is 8 hours per day and 40 hours per week.

However, the maximum number of working hours cannot exceed 10 hours per day or 48 hours per week.

Overtime

As a principle, overtime is compensated either with time off equivalent to the excess hours worked (for each overtime hour, 1.5 hours' time off or allocated to a time saving account) or with a supplementary payment of 40 percent. Overtime payment is not required for senior executives.

For companies who apply reference periods, overtime is performed:

  • When the hours worked during the reference period exceed the average of 40 hours a week and/or
  • when the hours worked exceed a certain threshold:
    • Any hour exceeding 20 percent beyond the normal working hours (ie, 48 hours a week or 192 hours a month) over a reference period of up to 1 month
    • Any hour exceeding 12.5 percent beyond the normal working hours (ie, 45 hours a week or 180 hours a month) over a reference period of over 1 month and less than 3 months or
    • Any hour exceeding 10 percent beyond the normal working hours (44 hours a week and 176 hours a month) over a reference period of exceeding 3 months and up to 4 months.

Wages

EUR2,201.93 minimum wage per month for unqualified employees and EUR2,642.32 per month for qualified employees (index 834.76). A "qualified employee" is an employee who exercises a profession comprising a professional qualification normally acquired by means of education or training attested by an official certificate recognized by the Luxembourg State.

A “qualified employee” is one who holds:

  • An official certificate at least equivalent to a vocational skills certificate
  • A vocational diploma
  • A manual skills certificate
  • A certificate of vocational ability and has at least 2 years' practical experience
  • A vocational initiation certificate and has at least 5 years' practical experience

Certain other employees may also be categorized as "qualified" even if they have no official certificate, subject to having accrued sufficient years of practical professional experience.

Vacation

26 days per year, plus 11 days of public holidays.

Sick leave & pay

An employer must continue to pay the employee in case of sickness leave due to illness or an occupational accident and must do so until the end of the month during which the 77th day of sickness leave occurs, over a reference period of 18 successive months. As from the month following the 77th day of sickness leave, the National Health Fund (Caisse Nationale de Sante or CNS) takes over payment of sickness benefits to the employee on sickness leave.

However, during the sick leave, the CNS may make a "refusal decision" pursuant to which the employee's entitlement to full salary ceases. In such cases, the employer must abide by the refusal decision once the period of 40 days allowed to lodge an appeal against the decision expires.

Maternity/parental leave & pay

Maternity leave starts 8 weeks before the expected date of birth and continues for 12 weeks after the actual date of birth.

During maternity leave, the employee is paid by the National Health Fund (Caisse Nationale de Sante or CNS).

Maternity allowances cannot be lower than the social minimum wage (gross amount of EUR2,201.93 per month as of January 1, 2021) and may not exceed an amount equal to 5 times the social minimum wage (gross amount of EUR11,009.65 per month as of January 1, 2021).

Parental leave has been recently reformed. There are 2 types of parental leave:

  • First parental leave directly following the maternity leave and
  • Second parental leave to be taken before the 6th birthday of the child (or the 12th birthday in case of adoption).

The amount of parental leave allowance is linked to the employee's income and replaces, proportionately, the income lost by the employee taking parental leave. The allowance will be set between EUR2,201.93 and EUR3,669.93 per month and will be paid by the Children's Future Fund (Caisse pour l’avenir des enfants). An employee earning less than EUR3,669.93 per month is entitled to an equivalent amount to replace their salary. An employee earning more than EUR3,669.93 per month is entitled to that amount as a maximum.

Malaysia

Employees entitled to minimum employment rights

The employment terms and conditions of non-EA Employees can be freely negotiated and agreed between the parties.

The EA sets out mandatory terms and conditions related to minimum employment rights for EA Employees. The mandatory terms and conditions include the following:

Working hours

EA Employees (with some exceptions) cannot be required to work:

  • More than 5 consecutive hours without a period of leisure of not less than 30 minutes
  • More than 8 hours in 1 day
  • In excess of a spread-over period of 10 hours in 1 day
  • More than 48 hours in 1 week

Overtime

EA Employees are entitled to overtime benefits for any work carried out in excess of the normal hours of work per day at a rate not less than 1.5 times the hourly rate of pay. It is not common for non-EA Employees to be paid overtime, but this depends on the practice in the specific industry.

Wages

Statutory minimum wage of RM1,100-1,200 per month or RM5.29-5.77 per hour, depending on the employer's location.

Vacation

EA Employees are entitled to a paid holiday on 11 of the gazetted public holidays and on any public holiday under the Holidays Act 1951. EA Employees are also entitled to the following minimum paid annual leave entitlements:

  • 8 days for every 12 months of continuous service with the same employer if the employee has been employed by that employer for a period of less than 2 years
  • 12 days for every 12 months of continuous service with the same employer if the employee has been employed by that employer for a period of 2 years or more but less than 5 years
  • 16 days for every 12 months of continuous service with the same employer if the employee has been employed by that employer for a period of 5 years or more

Sick leave & pay

EA Employees are entitled to the following sick leave:

  • Where no hospitalization is necessary:
  • 14 days in the aggregate in each calendar year if the employee has been employed for less than 2 years
  • 18 days in the aggregate in each calendar year if the employee has been employed for 2 years or more but less than 5 years
  • 22 days in the aggregate in each calendar year if the employee has been employed for 5 years or more
  • 60 days in the aggregate in each calendar year if hospitalization is necessary, as may be certified by such registered medical practitioner or medical officer

Maternity/parental leave & pay

All employees are statutorily entitled to paid maternity leave of not less than 60 consecutive days. Although there have been proposals since 2017 to increase this to 90 days, and the government has again in late-2019 committed to implement this increase by the end of 2020, the law has yet to be amended to reflect this. Public sector employees are entitled to paid maternity leave of not less than 90 consecutive days, and some private sector employers offer paid maternity leave of up to 6 months.

There is no statutory provision for paternity leave, but some employers do offer paid paternity leave.

Mexico

Employees entitled to minimum employment rights

All.

Working hours

Up to 48 hours a week for workday shifts, 42 hours a week for night shifts and 45 hours a week for mixed shifts. Employees must have at least 1 paid day off every 6 days. It is common business practice for employees to work 48 hours per week distributed among 5 days.

Overtime

An employee may not be required to work more than 3 hours greater than the number of hours in the statutory workday during a given shift, or more than 9 hours in a given week. An employee working overtime on a given day is entitled to double compensation for each hour of overtime. In the event the employee works more than 9 hours overtime in a given week, the employee is entitled to triple the applicable hourly wage for each hour of overtime.

Wages

Minimum wage is established by geographical areas and/or for specific professions or specific professional fields. There are currently two geographical areas for the purposes of determining minimum wage. The minimum wage in 2021 for 43 counties in the Northern Border is MXN213.39 per day. The general minimum wage for the rest of the country is MXN141.70 per day. Minimum wage is set up every year by the National Commission of Minimum Wages. Before the new administration took office in 2018, the minimum generally increased annually in accordance with the National Consumer Price Index (INPC).

Vacation

An employee who has worked for more than 1 year is entitled to at least 6 days of paid vacation. The number of mandatory vacation days increases by 2 working days for each following year until it reaches 12 vacation days.

Thereafter, the vacation period increases by 2 days for every 5 years of service.

Sick leave & pay

If an employee cannot work due to illness or an accident, they must obtain a medical authorization from the Mexican Social Security Institute in order to receive pay for the days on which the employee could not attend work.

Maternity/parental leave & pay

Women have the right to 6 weeks of paid leave prior to the birth of a child and 6 weeks following the birth of a child. Women may allocate up to 4 of the 6 weeks of the pre-birth leave to the post-birth leave period. If a child is born with disabilities or requires medical attention, the post-birth paid leave may be extended by up to 2 additional weeks.

In case of adoption, female employees are entitled to 6 weeks of paid leave following placement of the child.

A male employee is given 5 business days of paid paternity leave when his spouse gives birth or when he adopts a child.

Morocco

Employees entitled to minimum employment rights

All.

Working hours

There is a 44-hour limit on working time per week. There are additional rules regarding rest breaks, night work and rest periods between shifts.

Overtime

Mandatorily paid at the rate of 25 percent if the work is performed between 6am and 9pm, and 50 percent if the work is performed between 9pm and 6am.

Payment of double wage if the employee works on a public holiday.

Wages

Minimum wage: MAD2,570.80 (approximately EUR240) per month; MAD13.46 per hour.

Vacation

After 6 months of service in the company, 1.5 days' vacation per month of service. An employee who has worked 12 months in the company is entitled to 18 days' vacation.

Sick leave & pay

Sick leave is not paid; social security pays 2/3 of the salary starting from the 4th day of absence up to 185 days in each 365-day period.

Maternity/parental leave & pay

Maternity leave of 14 weeks. Social security pays 100 percent of the employee’s salary. Paternity leave of 3 days. The employer pays 100 percent of salary.

Mozambique

Employees entitled to minimum employment rights

All employees.

Working hours

Normal working hours shall not exceed 48 hours per week and 8 hours per day. 6-day work weeks are common in some sectors such as oil and gas. It is permissible to extend the daily working hours to 9 hours per day, provided that the employee is given an extra half day of rest per week aside from the weekly day of rest.

Exceptionally, instruments of collective labor regulation may increase the normal working hours by up to a maximum of 4 hours, provided that weekly working time does not exceed 56 hours.

Overtime

Overtime is work performed over the normal daily working hours (ie, over 8 hours per day). Overtime may only be performed when:

  • Employers are faced with workload increases that do not justify the recruitment of employees under fixed-term contracts or indeterminate period contracts or
  • There are other compelling reasons.

Employees may perform up to 96 hours of overtime per quarter, but no employee shall perform more than 8 hours of overtime per week nor exceed 200 hours per year. It is mandatory to record overtime in a specific book. Overtime performed until 8 pm shall be paid at the normal wage rate plus 50% (150% in total), and overtime performed between 8 pm and the start of the normal working hours of the following day shall be paid at the normal wage rate plus 100% (200% in total).

Wages

The minimum salary is approved annually by a tripartite committee involving representatives of both employers and employees and the Ministry of Labor (Comissão Consultiva de Trabalho or CTT). The minimum salary is approved by sectors, and there are 8 sectors of activity:

Sector of activity

Minimum salary 2019 (MZM)

Agriculture, livestock, hunting and agro forestry (Sector 1)

4,390

Industrial and semi-industrial fishing (Sector 2)

5,370

Kapenta fishing (Sector 2)

4,266.68

Mining extraction (Sector 3)

9,254.60

Mining - quarrying and sand mining (sand extraction) (Sector 3)

6,379

Salt mine (salinas) (Sector 3)

5,318.06

Manufacturing (Sector 4)

7,000

Bakery (Sector 4)

5,000

Production and distribution of electricity, gas and water (Sector 5)

8,300

Small operators (Sector 5)

6,760

Construction (Sector 6)

6,136.70

Non-financial services and activity (Sector 7)

6,850

Subsector of the hotel industry

6,478

Financial activity and services (Sector 8)

12,760

Micro-finances, micro-insurances and other ancillary activities (Sector 8)

11,336

Revised minimum salary rates are announced around April each year but backdated to January.

Vacation

Employees are entitled to:

  • 1 day of leave for every month in the 1st year of service
  • 2 days of leave per month in the 2nd year of service and
  • 30 days of leave from the 3rd year onwards.

Fixed-term employment contracts with a duration of more than 3 months but less than 1 year must provide for leave of 1 day for every month of service.

Sick leave & pay

The Labor Law does not provide for sick leave. Sick leave is considered justified absence provided that a valid medical certificate is provided by the employee. The employer is not required to pay for these days. The employee must claim sick leave payments from the National Social Security Institute. It is permissible to include periods of paid sick leave in internal policies. If the employee exhausts their paid sick leave by law, they are allowed additional absences due to sickness, but those will not be paid. If the employee is often absent due to illness, the employer may refer them to the Medical Board to assess their capacity to work. Absences due to illness must be justified by appropriate medical certificates.

Maternity/parental leave & pay

Female employees are entitled to maternity leave of 60 consecutive days, which may commence 20 days prior to the expected delivery date and may be taken consecutively with annual leave. The employer is not required to pay the employee during the period of maternity leave as social security pays for the 60-day leave period at 100 percent of salary based on the salary payable in the last 6 months. Nevertheless, the employer may decide to pay for this period. The father is entitled to 1 day of paid paternity leave for each 2 years of service.

Myanmar

Employees entitled to minimum employment rights

All employees, whether full-time, part-time or on a ''casual'' basis.  

Working hours

The maximum number of working hours is 8 hours per day and 48 hours per week (44 in factories).

Overtime

Hours worked exceeding 8 hours per day are considered overtime work. Overtime with the employee's consent is permissible, but is restricted to no more than 12 hours per week. In the event of a special occasion, overtime can be a maximum of 16 hours in a week. Employees should not work or be allowed to work after midnight. 

For factories, overtime of more than 16 hours in any week is prohibited, and no more than 12 hours per week is allowed in factories where a continuous process is carried out. Factory managers must obtain the approval of the Factories and General Labor Laws Inspection Department for proposed overtime work and payment.  

Wages

Wages must be paid at the end of every month in factories and establishments where fewer than 100 people are employed, and within 5 days after the end of the month in all other cases. Wages following termination of employment must be paid within 2 days following the date of termination. All payments of wages must be made on a working day.

All wage payments shall be paid in Kyat or any foreign currency recognized by the Central Bank of Myanmar. Payment may be made either by cash or check, or transferred into the employee's bank account, if the employer and employee both agree. Overtime payment must be paid at twice the rate of ordinary wages.

The Minimum Wages Law 2013 stipulates that an employee's wage must not be lower than the minimum wage provided by the government. 

In March 2018, the National Minimum Wage Committee set a new minimum wage of MMK 4,800 per day (approximately US$3.10 per day). This wage does not apply to small businesses with fewer than 10 workers, and family businesses.

Vacation

Every employee who has completed a period of 12 months of continuous service must be granted annual leave of 10 days remunerated with average wages. From the commencement of employment, employees also have an annual entitlement to 6 days of paid casual leave. The casual leave does not carry over if not taken in 1 year. Employees can take casual leave of up to 3 days at a time, except that more days are allowed for religious or social activities. Casual leave is not allowed to be combined with any other types of leave.

Sick leave & pay

Employees with at least 6 months' continuous service are eligible for 30 days' medical leave per year with full pay, provided a medical certificate is given to the employer upon the employee's return to work. If not in service for at least 6 months, an employee is entitled to 30 days' sick leave without pay.

Maternity/parental leave & pay

Maternity leave shall be allowed for 6 weeks before confinement and 8 weeks after confinement with wages or pay. Maternity leave may be granted in continuation of medical leave. If an employee is covered by the Social Security Law 2012, he/she has the right to enjoy benefits in accordance with the Social Security Law.

Netherlands

Employees entitled to minimum employment rights

All.

Working hours

A full-time working week usually consists of 40 hours. Collective agreements might set different full-time working hours (eg, 36 or 38 hours per week).

Overtime

No statutory obligation to provide pay for overtime worked as long as pay overall does not fall below the statutory minimum. Collective employment agreements might set different obligations.

Wages

Depends on the employee's age. The minimum daily wage for employees of the age of 21 years and older is EUR77.76 as of January 1, 2021.

Under the Minimum Wage Act, it is mandatory to pay a holiday allowance of 8 percent of the yearly salary, unless an employee earns more than 3 times the minimum wage and the parties have explicitly agreed in writing to exclude the 8-percent holiday allowance.

Vacation

Based on a full-time week: 20 days per year, excluding public holidays, is the statutory required minimum. It is common practice to give between 24 and 28 days per year.

Sick leave & pay

In case of occupational disability, an employer must pay at least 70 percent of the most recent gross salary plus holiday allowance to the employee for up to 2 years. The salary is capped at the "maximum daily wage" (ie, EUR223.40 per day or EUR4.858,95 per month as of January 1, 2021) and must, during the first 52 weeks of illness, not be below the statutory minimum wage rate. It is common practice (and, as such, is set out in most CLAs) to pay 100 percent of the full salary during the first year of illness and 70 percent of full salary during the second year.

Maternity/parental leave & pay

16 weeks’ maternity leave and, after that, a right to return to the employee’s own position. During maternity leave, the employee is entitled to a maternity allowance. The employer continues to pay the full salary of the employee. However, the Employee Insurance Agency reimburses a part of the regular salary to the employer, capped at the maximum daily wage. Statutory possibility of unpaid parental leave during a part of the working week over a certain amount of time before the youngest child turns 8 years old.

An employee who becomes a father is entitled to 5 days of paid paternity leave. In addition, as from July 1, 2020 and in the first 6 months after birth, there is an additional leave entitlement of 5 weeks in case of a full-time employee (ie, additional paternity leave or partner leave). This is not paid by the employer. An employee who takes additional leave is eligible for state benefits of up to 70 percent of the daily wage.

New Zealand

Employees entitled to minimum employment rights

All employees are entitled to minimum employment rights under the Employment Relations Act 2000, Holidays Act 2003, Parental Leave and Employment Protection Act 1987 and Minimum Wage Act 1983.

Working hours

Standard working hours are 40 hours per week, although employers may require an employee to work reasonable additional hours.

Overtime

Overtime payment may be provided for in individual or collective employment agreements but is not required. If no overtime is payable, the employment agreement should explicitly state that remuneration covers both additional hours and the employee's availability to work those additional hours.

Wages

The national adult minimum wage rate for employees aged 16 years or older is NZD18.90 per hour before tax. This will increase to NZD20.00 per hour on April 1, 2021.

Vacation

4 weeks' paid annual leave per year.

Sick leave and pay

Employees are entitled to 5 days' sick leave per year after 6 months of current continuous employment. This is likely to increase to 10 days per year in 2021. Employees may carry over accrued sick leave up to a total of 20 days.

Maternity/parental leave and pay

Eligible primary carers are entitled to:

  • 26 weeks of paid parental leave. This leave is paid for employees and self-employed individuals. Payment is made by the government, not by employers.
  • 52 weeks of extended leave (unpaid) in total (includes paid parental leave) 10 days of special leave (unpaid)

Partners are entitled to:

  • 2 weeks of partners' leave (unpaid)

Nigeria

Employees entitled to minimum employment rights

Manual and clerical workers. Other employees are not subject to the minimum employment rights prescribed by law, but such employment rights are generally stated in the employee’s contract of employment.

Working hours

Normal hours of work are fixed either by mutual agreement, by collective bargaining within the organization or by an industrial wages board. There is no statutory limit on working time. The usual industry practice is that an employee works for 40 hours in a week.

Overtime

Overtime must be paid for, but the rate to be paid is not specified by law.

Wages

An employer is required to pay wages to an employee at the end of the period during which the contract exists or as may be agreed upon. However, every employer is legally mandated to pay a wage not less than the National Minimum Wage of NGN30,000 per month. The National Minimum Wage was reviewed upwards in 2020 by the federal government following negotiation with organized labor.

Vacation

A manual or clerical worker is entitled to a minimum of 6 working days' leave after 12 months' continuous service. In practice, employees are usually granted between 2 and 6 weeks' vacation for every 12-month period.

Sick leave & pay

An employee is eligible to be paid wages up to 12 days in a calendar year during absence from work caused by illness certified by a registered medical practitioner. The period of eligibility for sick leave is contractual and therefore subject to the provisions of the applicable agreement governing the employment relationship.

Maternity/parental leave & pay

A pregnant woman is entitled to maternity leave for 6 weeks before delivery and 6 weeks after delivery, and also to be paid not less than 50 percent of her salary if she has worked continuously for a period of 6 months or more.

The Labor Act only provides for maternity leave and pay. Any other parental leave and pay is subject to the provisions of the contract of employment, but not mandatory.

 

Norway

Employees entitled to minimum employment rights

All. For provisions regarding working hours, exceptions apply for employees in senior and particularly independent positions.

Working hours

Ordinary working hours must not exceed 9 hours per day and 40 hours per week. Specific rules apply for daily and weekly off-duty time, rest breaks, night work and work on Sundays.

Overtime

The employer must pay an overtime supplement of at least 40 percent of salary for work in excess of agreed working hours (ie, 9 hours per day and 40 hours per week).

Wages

No statutory minimum wage. In some sectors, collective bargaining agreements that have been made generally applicable stipulate minimum wages.

Vacation

25 working days (including Saturdays) per year, in addition to public holidays. Employees who are turning 60 during the same year have a right to 6 additional holidays.

Sick leave & pay

Statutory right to take time off for sick leave. Employees are entitled to receive sick pay for 1 year. Sick pay is provided by the employer for the first 16 days at basic salary rate and thereafter by the national insurance.

Maternity/parental leave & pay

Parents have a general shared right to leave of absence for a total of 12 months, or longer if entitled to parental benefits. 15 weeks are reserved for the father, and 15 weeks are reserved for the mother. Allowance from the government is paid either for a period of 49 weeks at a full daily rate or 59 weeks at a reduced daily rate (ie, 80  percent). Collective bargaining agreements and individual contracts of employment may contain special regulations. In addition, parents have a right to unpaid leave for up to 12 months for each child.

Oman

Employees entitled to minimum employment rights

All. Additional rights are also available to young workers (ie, those under the age of 18) and women.

Working hours

The Labor Law currently guarantees workers 2 days off per week, compared to the previous 1-day minimum. To achieve this, the maximum number of working hours was reduced from 48 hours per week to 45 per week, spread over 5 days.

During Ramadan, the maximum number of working hours per week for Muslim employees is 30, spread over a 5-day working week. Oman is the only GCC country with a 5-day working week.

Overtime

9-hour maximum working day. As no more than 12 hours in total may be worked on a particular day, this means that overtime is capped at 3 hours per day.

An employee who works overtime is entitled to basic salary per hour plus:

  • 25 percent for extra hours worked during the working day and
  • 50 percent for extra hours at night or time off equal to the amount of overtime worked.

Wages

The minimum-wage provisions apply only to Omani workers and are regulated by ministerial decisions.

Vacation

30 days' annual leave fully paid after completion of 6 months' service.

Sick leave & pay

Employees are entitled to 10 weeks' (or 70 calendar days') sick leave per year of service (first 2 weeks on full pay, weeks 3 and 4 at 75-percent pay, weeks 5 and 6 at 50-percent full pay and weeks 7 to 10 at 25-percent pay). Termination during sick leave is not permitted.

Maternity/parental leave & pay

Female employees are entitled to 50 calendar days' maternity leave at full pay for a maximum of 3 times during their employment.

There is no concept of parental leave or pay in Oman.

Additional leave

Employees are entitled to 6 days of emergency leave per year.

Peru

Employees entitled to minimum employment rights

All. Part-time employees must receive the proportional part.

Working hours

The employer has the right to set working hours. Employees are allowed to work a maximum of 8 hours per day and 48 hours per week. Some employees are legally exempt from these limits.

Employees who work continuously are entitled to take at least a 45-minute lunch break. This period is not part of the working hours, unless agreed otherwise.

Employees must have a day of weekly rest, usually on Sundays.

Overtime

Any additional working hours over regular working time or hours over agreed hours are considered overtime. Overtime is paid at a rate of 1.25 for each of the first 2 hours and at 1.35 for each additional hour per day. Alternatively, the company and the employee may agree to compensate overtime work with rest time.

Wages

Employees who work full-time are entitled to receive the minimum wage, which is currently PEN930 per month (about USD282). For certain activities, the minimum salary is higher (eg, mining). If the employee works on night shifts (from 10:00pm to 6:00am), they should receive a salary increase equivalent to 35 percent of the minimum wage.

Vacation

Employees working a minimum of 4 hours per day and who have accomplished a minimum number of days worked within the year – which depends on the duration of the working week – are entitled to 30 calendar days of vacation per full year of service. The number of days may be reduced in writing to a minimum of 15 calendar days, but the employer must compensate for the additional vacation days with an additional payment to the employee.

The employee may request in writing to split the 30 vacation days into 15 calendar days, which must be used in periods of 7 and 8 consecutive days; the remaining 15 calendar days may be used in periods of between 1 and 7 calendar days.

Sick leave & pay

Employees are entitled to up to 20 days’ sick leave per year fully compensated by the company if they have the proper medical certificate. After the 20th day, the Public Health Insurance (EsSalud) pays the employee a sickness allowance equal to the amount of the employee’s salary.

Maternity/parental leave & pay

Maternity leave: A female employee is entitled to 49 days paid leave prior to giving birth and 49 days of paid leave postpartum.

It is possible for the employee to postpone the leave prior to giving birth and use the accrued days postpartum. In such cases, the employee must notify the employer within 2 months before the expected birthdate and prove with a medical report that postponing the leave prior to giving birth will not prejudice the employee or the child.

Paternity leave: An employee who becomes a father is entitled to up to 10 consecutive working days of paid leave.

The 10-day period may start between the birthdate of the new child and the date when the mother and the child leave the hospital.

To enjoy this benefit, the employee must notify the employer within 15 days before the expected date of birth.

Philippines

Employees entitled to minimum employment rights

All employees.

Working hours

The total number of working hours must not exceed 8 hours daily. Normal workdays per week are 6 days.

A Compressed Work Week (CWW) scheme is recognized by law where the normal work week is reduced to 5 days, but the total work hours remain at 48 hours. Hours for a normal work day are not more than 12 hours, without the corresponding overtime pay. However, this scheme must be voluntarily agreed to by both the employer and the employees.

Employees are entitled to a 1-hour meal break, which is not compensated. It is the duty of the employer to provide each of its employees a rest period of not less than 24 consecutive hours after every 6 consecutive normal work days. If an employee is required to work on their rest day, the employee shall be entitled to an additional pay of 30 percent regular hourly pay.

Overtime

Any work in excess of 8 hours in a day is considered overtime work.

Wages

Basic wage means all the remuneration or earnings paid by an employer to a worker for services rendered on normal working days and hours excluding cost-of-living allowances, profit-sharing payments, premium payments, 13th-month pay or other monetary benefits which are not considered part of or integrated into the regular salary of workers. Wages must first comply with the minimum wage rates prescribed by Philippine law on a regional basis.

Vacation

Entitlement to a 5-day leave with pay for every employee who has rendered at least 1 year of service, known as Service Incentive Leave (SIL). At the employee's choice, SIL is commutable to its money equivalent if not used or exhausted at the end of the year based on the salary rate at the date of commutation.

Sick leave & pay

There is no minimum required by law apart from the SIL.

Maternity/parental leave & pay

Maternity leave

A female employee who has paid at least 3 monthly contributions to the Social Security System (SSS) in the 12-month period immediately preceding the semester of her childbirth, miscarriage or emergency termination of pregnancy shall be paid a daily maternity benefit computed based on her average monthly salary credit for 105 days regardless of whether she gave birth via caesarean section or natural delivery.

Paternity leave

A married male employee is permitted not to report for work for 7 days but to continue to earn his gross monthly compensation on the condition that his spouse has delivered a child or suffered a miscarriage for the purpose of lending support to his partner during her period of recovery and/or in nursing of the newly born child.

Parental leave or solo parent leave

A solo parent employee who has rendered service of at least 1 year is entitled to a parental leave or solo parental leave of not more than 7 working days every year.

Leave for victims of violence against women and children

An employee who is a victim of violence (ie, physical, sexual or psychological) is entitled to a paid leave of up to 10 days.

Special leave benefit for women

A female employee is entitled to 2 months with full pay from her employer based on her gross monthly compensation following surgery caused by gynaecological disorders, provided that she has rendered continuous aggregate employment service of at least 6 months for the last 12 months.

Poland

Employees entitled to minimum employment rights

All employees.

Working hours

Standard (ie, basic) working time may not exceed 8 hours per day and an average of 40 hours over an average 5 day working week within the adopted settlement period not exceeding 4 months. It is also possible for an employer to introduce a 12-month settlement period for each working time system it uses if this is justified by objective or technical reasons and the organization of working processes. Polish labor law additionally provides for other systems of working time where the daily and weekly standards are different from the basic working time system. The Polish Labor Code allows the introduction of "flexible working hours.'' An employer may specify different times for the working day to start or may allow the employee decide – within the confines of a period indicated by the employer – what time they begin work. An employee's weekly working time, together with overtime work, cannot exceed an average of 48 hours in a given settlement period. In general, an employee must be granted at least 11 hours of uninterrupted rest each day and 35 hours of uninterrupted rest per week. Work on Sundays and public holidays is permissible only in the cases enumerated in the Polish Labor Code.

Overtime

Statutory restrictions on the permissible number of hours of overtime work. An employer cannot instruct some groups of employees to work overtime (eg, pregnant employees).

The overtime work may be compensated by paying an allowance – in addition to a standard remuneration – in the amount specified by the Polish Labor Code (ie, 50 percent or 100 percent of remuneration) or granting time off from work.

Wages

Statutory minimum wage whose amount is established each year – for 2021, the minimum wage amounts to PLN2,800 and PLN18.30 per hour for individuals employed under a contract of mandate or a contract to provide services which are civil law agreements.

Vacation

Entitlement to 20 days of holiday leave. Entitlement to 26 days after 10 years of total years of service, which includes all previous employments and years of education, ending with graduation, specified under statutory law. Special rules apply to an employee beginning work for the first time. In addition, an employee is entitled to 13 public holidays.

Sick leave & pay

In general, for a total period of incapacity to work due to illness of 33 days (14 days in case of employees over 50 years of age) in a calendar year, an employee is entitled to sick pay from their employer in the amount of 80 percent of remuneration. Starting from the 34th (15th for employees over 50 years of age) day of incapacity to work, an employee is entitled to sickness benefit paid by the Social Insurance Institution (ZUS). If an employer employs at least 21 insured individuals on November 30 of a given calendar year, in the next calendar year, the obligation to pay benefits rests with the employer. The sum of social insurance contributions to be paid is then reduced by the sum of the sickness benefits paid by the employer. In principle, sickness benefit amounts to 80 percent of the employee's remuneration.

Maternity/parental leave & pay

Special protection against dismissal of pregnant employees and employees using maternity, paternity, parental or childcare leave.

Basic maternity leave for a female employee is 20 to 37 weeks, depending on the number of children born. An employee-father is entitled to 2 weeks of paternity leave, to be used before the child reaches 24 months. Employees may apply for 32 weeks' parental leave – or 34 weeks in the case of a multiple births. This leave may be used by both parents at the same time and can be divided into no more than 4 parts.

The list of individuals entitled to take maternity or parental leave was extended in September 2019. Aside from parents (ie, adoptive or foster parents), employees who are immediate family members, such as a grandmother, grandfather, sister or brother, are now entitled to benefit from this leave. However, such immediate family members may only take this leave in specific situations (eg, where the mother’s maternity leave is disrupted by her being in hospital or where she is unable to take care of the child personally due to her own ill health). An employee engaged for at least 6 months is entitled to childcare leave of up to 36 months to be used before the child reaches 6 years of age. Each parent has the exclusive right to 1 month's childcare leave; this right cannot be transferred. Childcare leave may be combined with employment or training by the current or another employer; parents may use the childcare leave at the same time and/or divide the leave in 5 parts. Alternatively, an employee may file a request to reduce their working time to no less than 1/2 of the full amount of working time within the time during which they could have benefited from such leave.

For the period of the maternity leave (basic and additional), the paternity leave and the parental leave, an employee is entitled to a maternity benefit paid by ZUS. In general, no benefits or salary are granted to an employee using childcare leave.

Portugal

Employees entitled to minimum employment rights

All employees are entitled to minimum employment rights.

Working hours

Maximum daily and weekly working hours are 8 hours per day and 40 hours per week. If the employee has a managerial position or a job of trust, or usually performs their work outside the company's premises, an exemption regime may be agreed upon by the parties, in which case those limits shall not apply. Typically, employees under the exemption regime are entitled to an exemption bonus.

Overtime

Overtime is allowed to deal with an extraordinary increase in workload, or to prevent serious damage, or if due to force majeure. It is subject to maximum limits: 2 hours when performed on a normal working day, the equivalent to the normal daily working period when performed on a rest day or on a public holiday, and 150 (for medium-sized and large-sized companies) or 175 (for small-sized companies) hours per year.

Overtime must be compensated with additional payment (increase of hourly rates). Work on normal working days leads to a 25-percent increase for the first hour and 37.5-percent increase for additional hours; work on public holidays and on rest days leads to a 50-percent increase. Overtime on the normal rest days (typically, Sunday) also entitles the employee to time off equivalent to 1 day.

CBAs may establish more beneficial treatment for employees.

Wages

The minimum wage is fixed by the Portuguese government each year.

CBAs usually establish salary charts with higher minimum wages.

Vacation

Minimum 22 working days per year, plus 13 public holidays. CBAs may establish a longer vacation period.

Sick leave & pay

Employees are entitled to take off as much time as they need for sick leave. Payment during sick leave is not due from the employer. The Portuguese social security pays sick pay – roughly, between 55 percent and 75 percent of the average last remuneration – for up to 3 years.

Maternity/parental leave & pay

120 to 150 days (with deviations in case of multiple births) of initial parental paid leave. It may be shared between the mother and father, but the mother must take at least 6 weeks after birth. In case of shared parental leave, the leave may be extended for 30 more days. The mother may take a part of the parental leave before birth, up to a maximum of 30 days. The pay is borne by the Portuguese social security; it currently varies between 80 percent and 100 percent of the average last remuneration.

The father must take paid parental leave of 20 working days after birth, and subsequently may take an additional 5 working days in addition to the parental paid leave, which must be taken simultaneously with the mother’s parental leave. The pay is borne by the Portuguese social security.

Parents may take other non-paid leave and work part time.

All parental leave is unpaid by the employer.

Qatar

Employees entitled to minimum employment rights

All. Additional rights are also available to young workers (those under the age of 18) and women.

Working hours

Maximum ordinary working hours = 48 hour per week at the rate of 8 hours per day. During the month of Ramadan, maximum working hours = 36 hours per week at the rate of 6 hours per day.

Overtime

The maximum working hours specified above must not exceed 2 hours per day, unless the work is essential for preventing a substantial loss or serious accident or for eliminating or relieving the impact of a serious accident.

The overtime and maximum working time provisions in the Labor Law do not apply to a number of prescribed categories of employees primarily, employees holding senior executive managerial or supervisory positions.

Wages

At present, there is no minimum wage to be paid to employees in Qatar. Anecdotally, we understand this is currently being looked into by the Qatari authorities.

Vacation

A minimum of 3 weeks' vacation per year, where the employee's period of service is less than 5 years, and a minimum of 4 weeks' vacation where the employee's period of service is 5 years or more.

Sick leave & pay

Employees are entitled to 12 weeks of sick leave per year of service (2 weeks at full pay, 4 weeks at half pay and the remaining 6 weeks without pay). Employees are not entitled to statutory sick leave until they have completed 3 months' service and unless they provide a sickness certificate from a physician approved by the employer.

Maternity/parental leave & pay

After 1 year's continuous service − 50 calendar days' maternity leave at full pay. An employee can take a further 60 consecutive or non-consecutive days (unpaid) if the employee falls ill as a result of her pregnancy or the delivery of her baby.

There is no concept of parental leave or pay in Qatar.

Romania

Employees entitled to minimum employment rights

All, in line with the Romanian labor legislation.

Working hours

Weekly working time for full-time employees is 40 hours per week. As a rule, this is evenly distributed, amounting to 8 hours per day for 5 days (generally Monday to Friday). Weekly rest is 48 consecutive hours, usually Saturday and Sunday. By law, maximum working time cannot exceed 48 hours per week, including overtime. No opt-out is possible; however, there are certain exceptions under which the working time may exceed 48 hours per week.

There are specific rules on rest breaks, weekly rest, night work and rest periods between shifts.

Overtime

Work performed outside of normal working time is considered overtime. Overtime performed in normal working days must be compensated with:

  • Paid time off granted within the 60 calendar days after the overtime has been performed or
  • If paid time off is not possible within this legal deadline, payment of additional monetary compensation (in addition to the monthly salary due for the respective month) of at least 75 percent of the hourly base salary for each overtime hour

If overtime is performed during weekly rest periods and/or days of legal/public holiday, additional compensation must be paid on top of the overtime compensation.

Wages

As of January 13, 2021, the minimum gross base monthly salary at national level is, as a rule, set at RON2,300 (approximately EUR472) for employees working full-time hours. However, there are certain exceptions, as follows:

  • The amount of the minimum base monthly gross salary at national level for employees (i) occupying positions requiring higher-level studies and (ii) having at least 1 year's service within the position requiring higher-level studies is RON2,350 (approximately EUR482) and
  • Exceptionally, for the period between January 1, 2020 and December 31, 2028, and only for the construction sector, the minimum base monthly gross salary at national level is at least RON3,000 (approximately EUR615)

Vacation

The minimum vacation is 20 working days; in practice, based on the old legislation, the expectation is 21 working days. This does not include the 15 public holidays. As part of such 15 public holidays, employees belonging to a Christian legal religious worship benefit from the following public holidays: Good Friday (the last day of Friday before Easter), the first and second Easter day, the first and second day of Pentecost. Time off occurs on the date when these are celebrated according to the worship they belong to, and employees recover the extra days off based on a schedule established by their employer.

Sick leave & pay

Generally, employees may take sick leave up to 183 days per year, based on a medical certificate and for the duration specified in the certificate, depending on the type of illness. As a rule, the first 5 days of sick leave are paid by the employer, and the following days are paid from the health insurance budget. Sick pay generally is 75 percent of the average salary of the employee for the last 6 months out of a 12-month representative contribution period. The basis for calculating the contribution is capped at the threshold of 12 minimum monthly gross salaries established at national level, which is currently approximately EUR5,600).

Maternity/parental leave & pay

Female employees benefit from 126 days of maternity leave, which may be split equally or otherwise between the pre- and post-birth period (subject to a minimum 42 calendar days' leave which must be taken after the birth).

Male employees benefit from 5 working days of paternal leave, to be taken in the first 8 weeks after the child's birth, to enable effective participation in the care of the newborn. This may be extended once to a total of 15 working days if the father has undertaken a childcare course.

In addition, either parent is entitled to take child-raising leave up until the child is 2 years old (or 3 years old in the case of a child with disabilities), subject to the requirement that at least 1 month of the leave must be taken by the other parent.

Russia

Employees entitled to minimum employment rights

All.

Working hours

A standard working week is 40 hours. In some exceptional cases, this is decreased by the Labor Code.

Overtime

In general, any time worked over 40 hours per week is classed as overtime.

No more than 120 hours of overtime a year and no more than 4 hours of overtime in any 2 consecutive days are permitted. In most cases, overtime is only permitted with the employee's prior written consent.

Overtime must be paid at a rate of 150 percent of the regular hourly rate for the first 2 hours of overtime worked in a single day, and at a rate of 200 percent of the regular hourly rate thereafter. Upon an employee's written request, the employer must compensate overtime work by granting the employee additional time off in lieu of payment, which should be no less than the overtime worked.

Certain limitations regarding over-time apply to protected employee categories, which include employees under the age of 18, pregnant women, women with children under the age of 3, disabled employees and certain other categories defined by federal law.

Wages

The law sets the minimum monthly earnings, which may be different in different regions. As of January 1, 2021, the minimum monthly earnings must be at least RUB12,792, and RUB20,589 in Moscow.

Vacation

At least 28 calendar days per year of employment.

Sick leave & pay

Employees are entitled to receive statutory sick leave compensation. This is covered by the Russian State Social Insurance Fund, which in turn is funded by the employer's mandatory contributions paid as a percentage of its employees' salaries. The amount of sick leave compensation varies according to the grounds for the sick leave. In cases of a labor-related injury or occupational illness, the amount of sick leave compensation is 100 percent of the employee's average earnings. However, sick leave compensation may not exceed the maximum established by federal law, which is subject to annual review. Employees are only required to submit a medical certificate for absence after their recovery and return to work. Generally, an employer cannot terminate an employee's employment while the employee is on sick leave.

Maternity/parental leave & pay

Paid maternity leave generally begins to accrue no later than 70 calendar days prior to the birth and continues for 70 calendar days thereafter, although the period may be extended in the event of multiple births and/or complications during birth. The amount of maternity leave allowance is established by federal law and is subject to annual review. The allowance shall be paid by the employer, but it is reimbursed by the Social Insurance Fund.

A person caring for a child, be it the child's mother, father or any relative who is raising them, may request to take childcare leave until the child is 3 years old. The amount of child leave allowance is established by federal law and is subject to annual review. The allowance shall be reimbursed by the Social Insurance Fund. The employee retains the right to return to work during the entire period of the maternity or childcare leave, and the full leave period is included when calculating the employee's term of service.

Saudi Arabia

Employees entitled to minimum employment rights

All.

Working hours

Employees may be required to work a maximum of 8 hours per day or 48 hours per week. There are exceptions for those employed in trade, hotels, catering, security and similar jobs where the working hours may be increased to a maximum of 9 hours per day. For Muslims, the workday during Ramadan cannot exceed 6 hours per day, or the work week cannot exceed 36 hours. There are particular requirements in relation to the hours that women can work and the industries they can work in. For example, women cannot work at night for a period exceeding 11 hours or be made to undertake dangerous work roles.

Overtime

Overtime is to be paid at the rate of the employee's wage plus 50 percent of their basic wage for an hour. Employees who hold a senior, supervisory or managerial position are not entitled to paid overtime.

Wages

There is generally no minimum wage for Saudi employees; however, in order to fulfill the Saudization requirements, a Saudi employee will be fully counted if their wage is SAR4,000 per month or above; otherwise, the employee will be counted as less than 1. Further, there are specific Saudized jobs and professions for which HRSD has set a minimum wage for Saudi nationals, such as engineering and accounting roles.

Vacation

An employee is entitled to 21 days of annual leave. Salaries must be paid prior to the employee taking their vacation. After 5 years of employment, the employee is entitled to 30 days of annual leave per year.

Sick leave & pay

An employee with a proven illness which requires the submission of satisfactory medical evidence shall be paid in full for sick leave for the first 30 days, then 75 percent of wages for the next 60 days. The employer is not required to pay the employee after 90 days of absence.

Where sickness is due to work conditions, an employee cannot be terminated within a year from the diagnosis and is to be paid fully for the first 60 days and then 75 percent for the remainder of the year, in addition to having all medical expenses funded by the employer.

Maternity/parental leave & pay

Women are entitled to fully paid maternity leave of 10 weeks commencing a maximum of 4 weeks before giving birth and 6 weeks thereafter. Paternal leave is 3 days, fully paid.

Singapore

Employees entitled to minimum employment rights

Employees' rights under law depend on whether they are EA Employees or Part IV EA Employees.

Generally, the minimum entitlements under the EA apply to EA Employees. However, matters such as hours of work, overtime and rest days are statutorily prescribed for Part IV EA Employees only.  Employers are free to provide better contractual terms – above and beyond these minimum obligations – to their employees. However, terms which are worse than the minimum obligations stipulated under the EA for the EA Employees will be invalid and unenforceable.

Working hours

Rules relating to working hours only apply to Part IV EA Employees, regardless of whether the employees are shift or non-shift workers.

For shift workers, the hours of work must not exceed an average of 44 hours per week over any continuous period of 3 weeks, subject to a maximum of 12 hours per day.

For non-shift workers working more than 5 days per week, the hours of work should generally not exceed more than 8 hours per day or 44 hours per week. Where a non-shift worker works 5 days or less per week, the agreed hours of work must not exceed 9 hours per day or 44 hours per week. A non-shift worker may work up to 12 hours a days (and not exceeding an average of 44 hours over any 3 continuous weeks) if they agree to do so in writing, have the relevant provisions of the EA explained and are informed of their daily working hours, number of working days in each week and weekly rest day.

For other working arrangements – for example, if a Part IV EA Employee works less than 44 hours every alternate week – the hours of work are up to 48 hours a week, but capped at 88 hours in any continuous 2-week period.

A Part IV EA Employee is not allowed to work for more than 12 hours in a day, inclusive of overtime work, except in prescribed circumstances.

Overtime

 

With some exceptions, all work done in excess of the normal hours of work, excluding breaks (ie, 8 hours in 1 day or 44 hours per week), is considered overtime, for which a Part IV EA Employee must be paid at least 1.5 times their basic hourly rate. Unless employers successfully apply for and obtain an exemption for more than 72 hours of overtime work by employees in a month, the maximum permitted overtime is 72 hours per month. Rules relating to overtime only apply to Part IV EA Employees.

In terms of overtime pay, where a Part IV EA Employee is required to work on a rest day, the calculation of the overtime pay varies depending on the exact period of work on that rest day and whether the work is done at the employer's or employee's request. For example, where the work is done at the employer's request and the period of work exceeds the employee's normal working hours, they must be paid:

  • The basic rate of pay for 2 days' work and
  • Not less than 1.5 times the hourly basic rate of pay for each hour or part thereof that exceeds their normal working hours.

In the event an EA Employee is required to work on any public holiday, they must be paid an extra day's salary at the basic rate of pay in addition to the gross rate of pay for that day, or alternatively, by mutual agreement, an EA Employee may get a public holiday in lieu or, for non-Part IV EA Employees, time off in lieu.

Wages

Singapore law does not generally have a minimum wage stipulation. Wages are a matter to be agreed between the parties. However, the Singaporean government has introduced a mandatory Progressive Wage Model (PWM) to help uplift low-wage workers in certain sectors. The PWM covers Singaporeans and Singapore permanent residents in the cleaning, security and landscape sectors, though employers in these sectors are also encouraged to use these principles of progressive wage for their foreign employees.

Employers had to meet PWM requirements by the following dates:

  • Cleaning sector: September 1, 2015 (note: wages increased for this sector as of July 1, 2017)
  • Landscape sector: June 30, 2016 and
  • Security sector: September 1, 2016.

The wages of EA Employees may only be deducted for specific reasons as set out under the EA. In particular, deductions may be made with an EA Employee's consent, although consent may be withdrawn at any time.

Vacation

An EA Employee who has worked for their employer for at least 3 months is entitled to 7 days' paid annual leave for the first year of service. An additional day of leave for every subsequent 12 months of service will be provided, up to a maximum of 14 days. If the EA Employee has worked for their employer for at least 3 months but has not completed 12 months of continuous service in any year, the annual leave entitlement for that year is pro-rated based on the number of full months the EA Employee has worked in that year. This entitlement applies even if the EA Employee is still on probation, so long as they have worked for their employer for more than 3 months. Further, every employee in Singapore is entitled to be paid for each public holiday. There are presently 11 public holidays in Singapore each year, although additional public holidays may be gazetted.

Sick leave & pay

An EA Employee who has worked for their employer for at least 3 months is entitled to paid sick leave if the EA Employee has informed or tried to inform their employer within 48 hours of their absence, and if the sick leave is certified by a medical practitioner or a medical officer as required under the EA. The number of days of sick leave is subject to the employee's service period as follows:

Number of months of service completed

Paid outpatient non-hospitalization leave (days)

Paid hospitalization leave (days), inclusive of outpatient sick leave days

3

5

15

4

8

30

5

11

45

6 or thereafter

14

60

Maternity/parental leave & pay

Under the Child Development Co-Savings Act (Cap. 38A) of Singapore (CDCSA), any female employee in Singapore is entitled to government-paid maternity leave benefits if:

  • The child is a Singapore citizen at the time of delivery and
  • The employee has worked for the employer for at least 3 months immediately before the day of birth.

If the child is not a Singapore citizen at the time of delivery, a female employee may still qualify for government-paid maternity leave if she meets the eligibility criteria within 12 months of the child’s birth and she will, inter alia, be eligible for the remaining maternity leave from the date she meets all criteria.

Eligible female employees are entitled to 16 weeks' government-paid maternity leave. The 16 weeks of government-paid maternity leave may be consumed as a single continuous block, and mothers may start taking maternity leave up to 4 weeks before the date of delivery. Further, while the first 8 weeks must be taken as a continuous block, the last 8 weeks (9th to 16th week) of government-paid maternity leave may also be taken flexibly over a period of 12 months from the date of confinement, subject to mutual agreement between the employer and employee.

For the first and second confinements, employers must pay for the first 8 weeks and may be reimbursed by the government for the remaining 8 weeks. The full 16 weeks' entitlement will be government-paid from the third confinement onwards. Government-paid maternity leave paid by the Singapore government is capped at SGD10,000 per 4 weeks, including employer's central provident fund (CPF) contributions.

Female EA Employees who do not qualify for maternity leave under the CDCSA may be entitled to maternity benefits under the EA instead, provided the eligibility criteria is met. An eligible female EA Employee is entitled to up to a total of 12 weeks' maternity leave. Of the 12 weeks, generally, the female EA employee is only entitled to 8 weeks' paid maternity leave if she has fewer than 2 children of her own and if she has served her employer for at least 3 months before the estimated delivery date. The remaining 4 weeks of maternity leave is unpaid. If the female EA employee has 2 or more living children at the time of birth, she is entitled to 12 weeks of unpaid maternity leave.

For both government-paid maternity leave under the CDCSA and maternity leave under the EA, the female employee must also comply with the requisite notice requirements. Failure to provide such notice without sufficient cause will entitle an employer to pay the employee only half her salary during the leave.

Working fathers (including adoptive fathers and those who are self-employed) are entitled to 2 weeks of government-paid paternity leave for all births. The leave must be used within 16 weeks commencing on the date of the child's birth, provided the employee meets certain criteria. If needed, they may also work out an agreement with their employer to take the leave flexibly within 12 months from the birth of the child for 1 or more than 1 period, all of which in aggregate are equal in duration to twice the employee's weekly index (as prescribed within the CDCSA) or 12 days, whichever is lower. Subject to certain eligibility criteria, a working father, including one who is self-employed, is entitled to share up to 4 weeks of his wife's 16 weeks of government-paid maternity leave, subject to his wife's agreement.

Under the CDCSA, all employees, including fathers, employed for at least 3 months (including non-EA Employees) are generally entitled to up to 6 days of paid childcare leave per year where the child is a Singaporean citizen and below the age of 7. The first 3 days are paid by the employer, and the remaining 3 days of leave are paid by the Singapore government. Payments are capped at SGD500 per day, including CPF contributions. An EA Employee whose child is not a Singaporean citizen is entitled to 2 days of childcare leave under the EA.

The CDCSA also provides for adoption leave, extended childcare leave and unpaid infant care leave, if certain eligibility criteria are met.

Slovak Republic

Employees entitled to minimum employment rights

All.

Working hours

Working time during any 24-hour period must not exceed 8 hours. An employee's working time should not be more than 40 hours per week.

Once a week, an employee must have uninterrupted rest time of 2 consecutive days, which must fall on Saturday and Sunday or Sunday and Monday, if possible taking into account the nature of the employer's operation.

Overtime

An employee's average weekly working time, including any overtime work, must not exceed 48 hours.

Overtime work must not exceed on average 8 hours per week within a period of not more than 4 consecutive months, unless the employer agrees with the employee representatives on a longer period, which must not exceed 12 consecutive months.

Wages

An individual's wage must not be lower than the minimum wage provided for by a special regulation.

The minimum wage rate for a role is partly based on the degree of difficulty of work. Different roles attract different minimum wage coefficients.

Degree

Minimum wage coefficient

1

1.0

2

1.2

3

1.4

4

1.6

5

1.8

6

2.0

For hourly paid employees, the minimum wage rate is calculated as 1/174 from the minimum wage entitlement calculated for employees remunerated with monthly wage.

Degree

Minimum wage coefficient

Hourly minimum wage rate in 2020 (EUR)

Hourly minimum wage rate in 2021 (EUR)

1

1.0

3.3330

3.580

2

1.2

3.9996

4.247

3

1.4

4.6662

4.914

4

1.6

5.3328

5.580

5

1.8

5.9994

6.247

6

2.0

6.6660

6.914

For monthly paid employees, the changed calculation of minimum wage in 2021 result in the increase of the minimum wage in EUR 43 for each degree of difficulty of work.

Degree

Minimum wage coefficient

Minimum monthly wage in 2020 (EUR)

Minimum monthly wage in 2021 (EUR)

1

1.0

580

623

2

1.2

696

739

3

1.4

812

855

4

1.6

928

971

5

1.8

1 044

1 087

6

2.0

1 160

1 203

In 2021, the minimum hourly wage is EUR3.58 per hour. The minimum monthly wage is EUR623 per calendar month.

Vacation

4 weeks' vacation a year. 5 weeks a year for any employee who reaches the age of 33 years before the end of the given calendar year.

Sick leave & pay

Maximum number of sick leave days is up to 7 days per calendar year.

Statutory sick leave and pay provisions allow for up to 10 days of employer-paid sick leave (ie, 0 to 3 days: paid at 25 percent of the daily assessment base; 4 to 10 days: paid at 55 percent of the daily assessment base) followed by sick allowance paid by the social insurance authorities (55 percent of the daily assessment base, paid from the 11th day until the 52nd week of sickness).

Maternity/parental leave & pay

An employee is entitled to maternity or parental leave until the time the child reaches age 3, or age 6 where the child has a long-term adverse health condition.

An employee is entitled to paid maternity leave of 34 weeks. 37 weeks if the employee is a single parent. 43 weeks if an employee gives birth to or takes care of 2 or more children at the same time.

Maternity leave usually begins around 6 weeks before the expected date of birth but no earlier than 8 weeks prior to the childbirth.

From the beginning of maternity or parental leave, the social insurance authority pays maternity or parental benefit if the conditions for entitlement have been fulfilled by the employee.

South Africa

Employees entitled to minimum employment rights

Independent contractors are excluded from all employment protection provided that they are part of genuine independent contractor relationships, failing which there may be a misclassification risk. Specific categories of employees may further be excluded from some legislative protections – for instance, employees working less than 24 hours per month are excluded from minimum employment terms under the BCEA, and employees earning above the BCEA threshold are not entitled to overtime payments unless their contracts of employment provide otherwise.

Working hours

Employees who earn below the BCEA threshold may work a maximum of 45 ordinary hours a week (ie, 8 hours per day for employees who work a 6 day week and 9 hours per day for employees who work a 5 day week), subject to the exemptions identified in the BCEA. Employees who earn below the BCEA threshold may be required to work up to 10 hours' overtime per week provided that they are only required to work a maximum of 12 hours in any day. Employees earning above the BCEA threshold, senior managerial employees and employees engaged as sales staff who travel to the premises of customers and who regulate their own hours of work may be required to work all reasonable hours necessary to efficiently perform their duties and responsibilities, including on weekends and public holidays, without any additional pay. Rules on rest breaks, night work and rest periods between shifts apply. Agreements on compressed work weeks and averaging of work hours may impact maximum work hours.

Overtime

Overtime may be worked if agreed between the employer and employee. An agreement to work overtime concluded in the first 3 months of employment is only valid for 12 months. Limitations on maximum overtime apply (ie, 10 hours per week, or 15 hours in terms of a collective agreement), but agreements on compressing work weeks and averaging of work hours may alleviate limitations. Compensation for overtime is payable to employees earning below the BCEA threshold, but higher-earning employees are excluded from overtime payment unless the employment contract provides for it. Minimum statutory overtime rates are either 1.5 times the normal rate or 2 times the normal rate, with the highest rate being payable if the overtime is worked on a Sunday or public holiday and the employee is not normally required to work on Sundays and/or public holidays. Time off may be given in lieu of paying overtime by agreement.

Wages

The National Minimum Wage Act, 2018 provides for a minimum wage of ZAR21.69 per hour with effect from March 1, 2021. The minimum wage is ZAR21.69 per hour for the farming sector with effect from March 1, 2021.

Vacation

Employees are entitled to a minimum of 21 consecutive days' paid annual leave per annum on full remuneration in addition to official public holidays.

Sick leave & pay

All employees are statutorily entitled to paid sick leave equal to the number of days that the employee would work during a 6-week period per every 36-month employment cycle. Payment is based on basic wages the employee would have received for work on that day, not full remuneration. Pro-rated leave entitlements may apply for shorter periods of employment and, in the first 6 months of employment, an employee is only entitled to 1 day's sick leave for every 26 days worked.

Maternity/adoption/commissioning parental/parental leave and pay

Minimum of 4 consecutive months of unpaid maternity leave. Employees may claim partial remuneration through the Unemployment Insurance Fund. An employee who adopts a child under the age of 2 is entitled to 10 consecutive weeks' unpaid adoption leave, provided that, if the adoption order is in respect of 2 adoptive parents, then only 1 adoptive parent may apply for adoption leave and the other adoptive parent may apply for parental leave. An employee who is a commissioning parent in a surrogate motherhood agreement is entitled to 10 consecutive weeks' unpaid commissioning parental leave upon the birth of a child as a result of a surrogate motherhood agreement, provided that, if a surrogate motherhood agreement has 2 commissioning parents, only 1 commissioning parent may apply for commissioning parental leave and the other may apply for parental leave.

Employees who are not eligible for maternity leave, adoption leave or commissioning parental leave are eligible for 10 consecutive days' unpaid parental leave in the event of the birth or adoption of a child. While the abovementioned leave is unpaid, employees may claim benefits from the Unemployment Insurance Fund.

Employees are also entitled to 3 days' paid family responsibility leave to be used when an employee's child is sick or in the event of the death of a close family member.

South Korea

Employees entitled to minimum employment rights

Generally all. Employees and dispatched workers are entitled to statutory employment rights, such as statutory severance pay and annual paid leave, while other types of workers, such as independent contractors, are not.

Working hours

Statutory limit is 8 hours per day and 40 hours per week. Employees in managerial or supervisory positions and employees handling confidential information are not subject to the statutory limits on working hours. As of January 2020, the 52-hour work week system has been implemented to most businesses, except for those with 5 to 29 employees, which will need to implement the system from July 1, 2021.

Overtime

Limited to 12 hours per week, to be paid at 150 percent of the ordinary wage. However, overtime work performed on a holiday for 8 hours or less shall be paid at 150 percent of the ordinary wage. Overtime work performed on a holiday for more than 8 hours shall be paid at 200 percent of the ordinary wage.

Wages

The Minimum Wage Act (MWA) provides for minimum wage levels. The minimum wage may be fixed on an hourly, daily, weekly or monthly basis. The hourly minimum wage rate in effect for 2021 is KRW8,720. The minimum wage is calculated by adding fixed allowances to basic pay, although it excludes other compensation, such as discretionary bonuses, overtime pay and fringe benefits.

Vacation

Employees must be given a minimum of 15 days' paid annual leave if they meet the overall yearly requirement of at least 80 percent attendance during the previous year, while employees who do not meet the attendance requirement must be afforded at least 1 day of paid annual leave for each full month of attendance. New employees who started work after May 30, 2017 and have worked for less than 1 year must be given at least 1 day of paid annual leave for each full month of service, up to 11 days. Thus, new employees will be able to receive up to 26 days of paid annual leave during the first 2 years of employment (up to 11 days in the 1st year of employment and 15 days in the second year of employment). Following completion of the 1st year of service, this entitlement increases by 1 day after each 2 years of service, up to a maximum of 25 days.

Sick leave & pay

There is no legal requirement for employers to provide leave to employees for non-work-related illnesses or injuries. It is not uncommon, however, for companies to provide paid sick leave whether or not an injury or illness is work related. Employees generally use their annual paid leave as personal sick days if paid sick leave is not available. Employers are required under the LSA to provide paid leave for work-related illnesses or injuries.

Maternity/parental leave & pay

Employers must grant pregnant female employees 90 days (120 days in case of multiple births) of paid maternity leave, which can be used before or after childbirth. Compensation for the 1st 60 days (75 days in case of multiple births) is paid by the employer, while the remaining days are paid from the Employment Insurance Fund, a state-run fund established by the Ministry of Employment and Labor under the Employment Insurance Act. The statutory 90/120 days' maternity leave includes holidays and Sundays. At least 45 days (60 days in case of multiple births) must be used after childbirth so that, even where more than 45 days (60 days in case of multiple births) were used before childbirth, an employer must allow 45 days (60 days in case of multiple births) of maternity leave after childbirth.

Male employees are entitled to 10 days' paid leave, which can be taken at the employer's discretion within 90 days of the child's birth. The leave may be divided into 2 periods of leave.

Employees with children 8 years of age or under or in the 2nd year or lower of elementary education have an entitlement to unpaid childcare leave of up to 1 year. A recent amendment to the Equal Opportunity Act regarding use of childcare leave allows for the yearly childcare leave allotment to be divided into up to 3 periods of leave (from the previous 2 periods) beginning from December 8, 2020. This entitlement is applicable to both fathers and mothers. The employee must have worked for the same employer for at least 6 continuous months. The employer is not obliged to pay wages during childcare leave; however, employees are instead paid under the employment insurance system.

  • For the 1st 3 months of childcare leave, employees may receive 80 percent of their ordinary wage, up to KRW1.5 million.
  • From the 4th month of childcare leave until the end of childcare leave, employees may receive 50 percent of their ordinary wage, up to KRW1.2 million.
  • 25 percent of the above amount is payable 6 months after the employee's return to work.
  • The MOEL released the plan to improve childcare leave in 2020 as follows:

Category

Regular compensation for childcare leave

Employees taking their 2nd childcare leave

Single-parent household

For the 1st 3 months

80 percent (capped at KRW150 million)

100 percent (capped at KRW250 million)

100 percent (capped at KRW250 million)

4th to 6th month

50 percent (capped at KRW120 million)

50 percent (capped at KRW120 million)

80 percent (capped at KRW150 million)

After the 7th month

-

-

50 percent (capped at KRW120 million)

If an employee requests leave to receive medical fertility treatments, employers are required to approve such leave request up to 3 days per year, with the 1st day of the leave being paid leave; the other 2 days are unpaid leave days. Nonetheless, if granting the leave on the requested date(s) would cause significant hindrance to the normal operations of the business, an employer may consult with the employee and change the date(s) of the leave.

Employers are legally required to treat May 1 (ie, Labor Day) as a mandatory paid holiday for employees. Beginning from January 1, 2021, businesses with 30 to 299 employees are required to guarantee holidays designated by the Presidential Decree as paid holidays, while businesses with 300 or more employees began to do so from January 1, 2020.

Spain

Employees entitled to minimum employment rights

All employees, except employees subject to special employment regulation of senior management (Royal Decree 1382/1985) who are not subject to the minimum employment rights established by the Workers' Statute, unless otherwise agreed. In addition, most CBAs exclude senior managers from their scope.

Working hours

As a general rule, there is a 40-hour-per-week limit on working time. CBAs may establish reduced working hours.

Overtime

Only with employee consent, except in cases of force majeure. Overtime must be compensated in cash (with a value at least equivalent to an ordinary hour’s work) or time off in the following 4 months. CBAs may establish more beneficial treatment for the employee.

Wages

The minimum wage fixed by the Spanish government for 2021 has been maintained as it was in 2020: EUR31,66 per day, EUR950 per month and EUR13,300 per year (paid in 14 total payments) for a full-time worker.

All CBAs establish salary charts with higher minimum wages.

Vacation

30 days' vacation per year plus 14 public holidays. CBAs may establish longer vacation.

Sick leave & pay

Employees are entitled to take time off for sick leave, usually up to 18 months. There is mandatory sick pay, which is borne by the Social Security Scheme. CBAs may require the employer to improve social security benefits.

Maternity/parental leave & pay

16 weeks' paid maternity leave and, from 2021, 16 weeks' paid paternity leave. In both cases, the pay is borne by the Social Security Scheme and is equivalent to 100 percent of the regulatory base (that is, the employee's salary determined pursuant to a specific formula over which public benefits are calculated). Employees have a right to return to work. CBAs may require the employer to improve social security benefits. In some cases, the father may take a part of the maternity leave days.

Sweden

Employees entitled to minimum employment rights

All.

Working hours

Standard working hours are 40 hours per week. The employer may require employees to work overtime for up to 48 hours over a period of 4 weeks, or 50 hours in 1 month, subject to a maximum of 200 hours per year (ie, general overtime). An employer may require – provided that there are special reasons and the situation cannot be resolved in any other way – overtime in addition to general overtime, subject to a maximum of 150 hours per year (ie, additional overtime).

Overtime

There is no statutory right to overtime payments. However, collective bargaining agreements typically include a right to overtime payments for employees in lower positions. The rate payable for overtime depends on the business and any applicable collective bargaining agreements. Moreover, it is common to compensate for overtime by offering 5 additional paid holidays.

Wages

There are no statutory regulations on minimum wages in Sweden. However, collective bargaining agreements typically include provisions regarding minimum wage and salary. Thus, subject to any collective bargaining agreements and non-discrimination laws, an employer and employee may freely agree upon the level of salary to be paid as well as any future salary increases.

Vacation

Employees are entitled to 25 days of paid holiday – public holidays excluded – after 1 year of employment (ie, qualifying year), pursuant to the Swedish Holiday Act. For white-collar employees and professionals, 30 days of annual holiday is common, either by individual contract or by a collective bargaining agreement.

Sick leave & pay

On January 1, 2019, new regulation was introduced within the Swedish Sick Pay Act. In the previous regulation, an employee was entitled to sick pay from the employer during absence due to illness from day 2 to 14 of the absence, where day 1 of such absence was a compensation-free day referred to as qualification day (karensdag). The new regulation abolished the compensation-free day at the start of the sick leave and replaced it with a salary deduction that corresponds to 20 percent of an average week's sick pay (karensavdrag). After the first 14 days, the Social Insurance Office takes over the responsibility to pay. Other benefits may be paid in accordance to the individual employment agreement or a collective bargaining agreement.

Employers with an employee who is expected to be on sick leave for more than 60 days must make a plan for how the employee will return to work. The plan should be made within 30 days of the first day of sickness.

Due to the COVID-19 pandemic, the Swedish government has taken more financial responsibility for employees' sick pay, whereby employers currently are being reimbursed for such higher sick pay costs until April 30, 2021. In addition, the 20-percent deduction (karensavdrag) is no longer applied; instead, the employee will receive sick pay from the state from day 1 of the employee's illness.

Maternity/parental leave & pay

Employees are entitled to parental leave under the Parental Leave Act. The mother is entitled to 7 weeks before birth as well as 7 weeks after birth (both included in the 480 days mentioned below). The father is entitled to 10 days in connection with the birth to be taken at the same time as the mother. Parents are also granted different types of leave (eg, total leave) until the child has reached the age of 18 months or, provided that the parent is still in receipt of a full parental allowance, for a period of time after the child has reached 18 months of age.

The employer is not required to pay the employee any salary during the time they are on parental leave, although the employee will accrue holiday during the parental leave as if the employee had worked for up to 120 days or, in case of a sole parent, up to 180 days. Instead, an employee is entitled to a parental allowance from the government. Parental leave is closely related to the right to parental allowance. Parental allowance is paid by the Swedish state for, at most, 480 days (450 days for children born before 2002), until the child has reached 12 years of age (8 years for children born before 2014). For children born January 1, 2014 and after, parental allowance is paid for, at most, 96 days when the child is between the ages of 4 and 12. Similar rights to parental leave are also available to employees adopting a child. Of the 480 days, a number of days are reserved for each parent respectively: 60 days if the child is born prior to 2016, and 90 days if the child is born in 2016 or later.

Switzerland

Employees entitled to minimum employment rights

All, except that top managers are not subject to a specific maximum work duration.

Working hours

There is a limit of 45 hours of working time per week for most workers (ie, workers employed in industrial enterprises, as well as for clerical, technical and other employees, including sales staff of large retail trade enterprises). Supplementary time is possible within appropriate limits (eg, in case of emergency, and generally for a maximum of 2 hours a day and 170 hours a year). There is a limit of 50 hours per week for other workers; supplementary time is possible within appropriate limits (eg, in case of emergency, and generally for a maximum of 2 hours a day and 140 hours a year). Generally, working hours of employees should be recorded.

Overtime

Overtime must be compensated at 125 percent. The employee can consent to compensation through time off. As long as overtime is not over the maximum legal duration, the employer and employee may have a written agreement providing for other compensation (eg, at 100 percent instead of at 125 percent), or even no additional compensation at all, when the agreed salary arguably compensates the overtime and overtime is not much more than what could be expected when signing the contract.

Wages

No general legal minimum wage, except in the Canton of Neuchatel (minimum CHF19.90 per hour, adapted every year to the Consumer Price Index), in the Canton of Jura (minimum CHF20 per hour, adapted every year to the Consumer Price Index), in the Canton of Geneva (minimum CHF23 per hour, adapted every year to the Consumer Price Index) and in the Canton of Ticino (minimum CHF19 per hour, adapted every year to the Consumer Price Index). Minimum wages are sometimes stated in specific collective labor agreements and specific standard employment agreements.

Vacation

At least 4 weeks' vacation per year (5 weeks for employees under 20 years old), and generally 9 public holidays, depending on the canton.

Sick leave & pay

Sick leave increases with seniority. Companies and employees may opt for a derogatory scheme (eg, loss of earning insurance providing for 80 percent of salary up to CHF720 daily indemnities).

Maternity/parental leave & pay

Employees are offered 16 weeks' maternity leave after childbirth (14 weeks paid by federal insurance and 2 additional weeks in the Canton of Geneva). Paternity leave of 10 days is to be taken within the first 6 months of the child’s birth.

Taiwan, Republic of China

Employees entitled to minimum employment rights

All.

Working hours

8 hours per day and 40 hours per week, with 2 days off each week. A worker may only work overtime on 1 of the 2 days off. Depending on the industry, and with approval from a labor-management conference, employers may adopt various types of flexi-time schedules. The 2-week flexible schedule allows a worker to distribute up to 2 working hours to other days, with a limit of not more than 48 hours a week. For a 4-week schedule, a worker may distribute working hours within 4 weeks, but the distribution must not exceed 2 hours a day, and there must be at least 2 days off in a span of 2 weeks. The LSA also allows for a redistribution of hours over 8 weeks, provided that regular working time is no more than 8 hours per day and not over 48 hours per week.

Overtime

Total working time (ie, normal hours plus overtime) cannot exceed 12 hours per day. Overtime pay is 1/3 of the normal hourly rate for less than 2 hours overtime, 2/3 of the rate for 2 to 4 hours of overtime and double pay during national emergencies. Working on a 6th day in 1 week is considered entirely overtime, and the overtime pay is calculated according to number of hours worked.

Wages

Starting January 1, 2021, the minimum wage is TWD24,000 a month and TWD160 an hour.

Vacation

3 paid days' vacation leave after working for 6 months; 7 days of paid vacation leave after 1 year; 10 days after 2 years; 14 days after 3 years; 15 days after 5 years; and, after 10 years, 1 additional day per year until 30 days. 12 days off for public holidays, with varying dates.

Sick leave & pay

30 days of paid sick leave per year. Employees receive 1/2 pay when on sick leave.

Maternity/parental leave & pay

8 weeks of maternity leave at full pay (1/2 for employees who have worked less than 6 months). Those suffering a miscarriage are also entitled to take leave. Male employees may take 5 days of paid paternity leave. Unpaid parental leave is granted for up to 2 years for each child under 3 years old.

Thailand

Employees entitled to minimum employment rights

Employees employed under a hire of services (including agency workers), whether under open-ended, fixed-term, full-time or part-time employment, are entitled to minimum employment rights.

Working hours

Must not exceed 8 hours per day and 48 hours per week with a rest period of at least 1 hour for every 5 consecutive hours worked. The rest period may be split into intervals of not less than 20 minutes or taken at one time, although an employee may agree not to have a rest period if the work necessitates continuous performance and stopping may damage the work or the work is urgent. An employee is also entitled to at least 1 day off per week, and the interval between days off shall be no longer than 6 days.

Work which may be harmful to the health or safety of the employees as prescribed by Ministerial Regulations shall not exceed 7 hours per day and 42 hours per week.

Overtime

No employer shall be permitted to require an employee to work overtime on a working day except with prior consent of the employee on a case-by-case basis. Where the nature or type of work necessitates continuous performance and stoppage may damage the work, or where the work is urgent (or in other circumstances prescribed in the Ministerial Regulations), the employer may require the employee to work overtime as deemed necessary.

An employer is strictly prohibited from requiring an employee to work overtime on a working day if the employee is under 18 years of age or the work may be harmful to the health or safety of the employees as prescribed by Ministerial Regulations.

Where the overtime work is for more than 2 hours, the employer shall arrange for the employee to have a rest period for not less than 20 minutes before the employee commences the overtime work.

Where an employer requires an employee to work overtime on a working day, the employer must pay overtime pay to the employee at a rate of not less than 1.5 times the hourly wage rate for the number of hours worked or, where an employee receives wages on a piece rate, not less than 1.5 times the piece rate for work done.

Where an employer requires an employee to work overtime on a holiday, the employer must pay holiday overtime pay to the employee at the rate of not less than 3 times the hourly wage rate for the number of hours worked; or, where an employee receives wages on a piece rate, at not less than 3 times the piece rate for work done.

Where an employer requires an employee to work on a holiday (ie, a weekly holiday, public holiday or annual holiday), the employer must pay holiday pay to the employee at the following rates:

  • For an employee who is entitled to wages on holidays, payment in addition to wages at a rate at least equal to the hourly wage rate for the number of hours worked; or, where an employee receives wages on a piece rate, not less than 1 payment at the piece rate for work done
  • For an employee who is not entitled to wages on holidays, the payment shall be not less than 2 times the hourly wage rate for the number of hours worked; or, where an employee receives wages on a piece rate, not less than 2 times the piece rate for work done

The hours of overtime work and the hours of holiday work in total must not exceed 36 hours per week.

Wages

Minimum wage of THB313 to 336 per day, depending on the province where the work is performed (ie, THB331 in Bangkok). The minimum rates for skilled workers from May 1, 2020 are up to THB900 per day, depending on their role.

Vacation

An employee who has worked consecutively for 1 full year is entitled to an annual holiday with pay of not less than 6 working days during the following year, which shall be fixed in advance by the employer or fixed as agreed by the employer and employee. In the following year, the employer may grant additional vacation beyond the minimum 6-day entitlement. The employer and the employee may agree in advance to accumulate and postpone any annual holiday that has not yet been taken in a year, to be included in the following years. For an employee who has not completed 1 year of service, the employer may set annual holidays for the employee on a pro rata basis.

In addition, employees are entitled to at least 13 public holidays per year, including the National Labor Day, as prescribed and announced in advance by the employer.

Sick leave & pay

An employee is entitled to sick leave for as many days as the employee is ill. The employee is entitled to payment of their ordinary wages for up to 30 days. Where the employee takes 3 consecutive days' sick leave, the employer may require the employee to present a medical certificate issued by a First Class medical practitioner or by a government clinic or hospital. Maternity/parental leave & pay

A female employee who is pregnant is entitled to a period of 98 days' maternity leave. The leave includes check-ups before delivery, during which she will be entitled to payment of her ordinary wages for 45 days.

There is currently no statutory paternity leave provided for the private sector. Paternity leave of 15 days may be given (with payment equal to 15 days' salary) to public servants.

There are other leaves to which the employee is entitled, namely sterilization leave, business leave, military service leave, and training and development leave.

Tunisia

Employees entitled to minimum employment rights

All employees are covered by the rules on working time and minimum wage.

Working hours

Tunisian labor law contains provisions for maximum weekly working hours (regime of 40 or 48 hours per week) and special circumstances that permit derogation from these provisions. In general, a regular work regime cannot exceed 48 hours in a week, or an equivalent number of hours established for a period of time other than a week as long as the duration of that period is no longer than a year. In agricultural work, hours are limited to 2,700 hours over 300 effective working days.

Overtime

Employees are allowed to work overtime, but overtime and make-up hours cannot cause the working week to exceed 60 hours except when there is urgent work needed to prevent imminent accidents or to organize lifesaving measures.

Wages

Minimum wages are set by decree on a sector by sector basis.

Vacation

In the non-agricultural sector, and for sectors not covered by a sectoral collective agreement, all workers who have worked for the same employer for a period equivalent to at least one month, and are engaged in effective work, have the right to one day per month of vacation up to a period of 15 days, comprising 12 business days. This allowance is doubled for a worker under 18 years old, regardless of length of service. Workers between the ages of 18 and 20 are entitled to 1.5 days per month of vacation up to a maximum of 22 days comprising 18 business days, regardless of length of service. The monthly leave allocation is increased by one day for those who have worked at the same company for at least five years, as long as the leave does not exceed a total of 18 days. Workers are normally granted annual leave between June 1 and October 31 of each year. All workers are covered by the annual leave provisions, though the manner in which annual leave is granted differs by age and by sector. Paid annual leave cannot be contracted out of by agreement, even if it comes with compensatory payment.

Sick leave & pay

Sickness suspends the labor contract but does not constitute cause for terminating the contract unless it is sufficiently serious, prolonged and if the needs of the company require it to replace the sick employee. Sick days cannot be deducted from annual leave. There are no restrictions on the number of days' sick leave that an employee can take. Sick pay is typically at two-thirds of the employee’s daily rate, covered by the employer for the first 5 days of illness and paid by the social security fund from the 6th day.

Maternity/parental leave & pay

Women are entitled to 30 days of paid maternity leave in the private sector. Men are currently only entitled to 2 days of paternity leave in the private sector. Maternity leave is not required to be paid to the employee by the employer. It is supported by social security.

Turkey

Employees entitled to minimum employment rights

All.

Working hours

There is a limit of 45 hours a week on working time, and working time cannot exceed 11 hours daily.

Overtime

Overtime work is any work performed beyond 45 hours in a week (or the shorter duration as designated under the relevant employment contract). Employee consent is required for overtime work. Employers are required to obtain employees' written consent to work overtime either in the employment contract or whenever it is necessary. Employees have the right to withdraw such consent by providing 30 days' prior written notice to the employer.

Wages

Minimum monthly gross wage is TRY3,577.50 for 2021.

Vacation

14 days' paid leave for 1 to 5 years (including 5th year) of employment; 20 days' paid leave for more than 5 but less than 15 years of employment; 26 days' paid leave for 15 years of employment and more (including 15th year). For employees below the age of 18 and above 50, the length of annual paid leave with pay shall not be less than 20 days. These periods are the minimum and may be increased by the mutual agreement of the parties. Unused annual leave days must be paid to the employee upon termination if claimed within the 5 years' statute of limitations after termination.

Sick leave & pay

If an employee is medically certified as being unable to work, the employer is obliged to pay the employee wages for the first 2 days of absence. From the third day of absence, under the Social Security and General Health Insurance Law, temporary disability allowance (ie, sickness allowance) shall be paid for each day of temporary incapacity to insured persons who have paid sickness insurance contributions for a certain time determined under this law. The temporary disability allowance paid by the Social Security Institution may be deducted from the wage paid to a salaried employee on a monthly basis. If an employee is absent from work owing to illness or injury for more than a certain period between 8 and 14 weeks, the employer is entitled to terminate the employee's contract without notice.

Maternity/parental leave & pay

As a rule, an employee receives a disability allowance for this maternity leave period from the Social Security Institution (SSI), which will be calculated as 2/3 of the employee's income notified to SSI. In practice, employers continue to pay employees' salary during the maternity leave at their own discretion and recoup the disability allowance paid by SSI to the employee. However, this is not mandatory, and employers are not obligated to pay employees' salary during the maternity leave period.

Employees have the right to work part time – that is, up to 2/3 of the total weekly working time – following completion of statutory maternity leave. An employee wishing to work part time may make such a request at any time from the end of the statutory maternity leave until the child's compulsory elementary education age. The request for part-time work may be made either by the mother or father, but such leave may be used by only 1 of them.

On the request of a female employee, an employer must give unpaid leave of up to half the weekly working time following the end of statutory maternity leave for 60 days for the first birth, 120 for the second birth and 180 for the third birth.

A male employee whose spouse has given birth is entitled to 5 days of paid leave.

Uganda

Employees entitled to minimum employment rights

All.

Working hours

A limit of 48 hours a week. An employer may agree with an employee to work in excess of 48 hours, but work should not exceed 10 hours per day or 56 hours per week, except for shift workers, for whom it is permissible that the average number of hours over a period of 3 weeks does not exceed 10 hours per day or 56 hours per week.

Overtime

In the absence of a written agreement, there is a statutory overtime rate of 1.5 times the normal hourly rate if overtime is on normal working days, and 2 times the hourly rate where overtime is worked on gazetted public holidays.

Wages

The 1984 Minimum wage of UGX6,000 is still in force as the Minimum Wages Act of 2019 did not receive presidential assent.

Vacation

Employees are entitled to a minimum of 21 days' annual leave every calendar year. There are also 14 gazetted public holidays. These are:

  • New Year's Day: January 1
  • NRM Victory Day: January 26
  • Bishop Janan Luwum Day: February 26
  • International Women's Day: March 8
  • Good Friday: determined yearly
  • Easter Monday: determined yearly
  • Labor Day: May 1
  • Eid al Adha: determined yearly
  • Martyrs' Day: June 3
  • National Heroes Day: June 9
  • Eid al-Fitr: determined yearly
  • Independence Day: October 9
  • Christmas Day: December 25
  • Boxing Day: December 26

Sick leave & pay

Statutory sick leave and pay provisions allow for employees who have been in employment with the employer for at least 1 month up to 2 months sick leave, with the employee entitled to full wages in the first month only. The employer may terminate the employment agreement on account of illness only after an absence of 2 consecutive months.

Maternity/parental leave & pay

60 working days of fully paid maternity leave, of which at least 4 weeks shall follow childbirth or miscarriage. The employer funds the paid maternity leave. Male employees are entitled to a paternity leave of 4 working days, fully funded by the employer.

There is no legal provision for adoption or surrogacy leave, carer leave emergency or ad-hoc family-related leave.

A female employee's pregnancy or any reasons connected to her pregnancy and the fact that an employee took or proposed to take leave to which they are entitled under contract or law would constitute unfair reasons for dismissal.

Ukraine

Employees entitled to minimum employment rights

All employees are entitled to the minimum statutory employment rights.

Working hours

Standard working hours must not exceed 40 hours per week. If an employee's work regime differs from the standard one (ie, 5 working days per week and 8 working hours per day), the calculation of maximum working hours per respective period is performed using a specific methodology. For instance, in certain cases, the working time may be calculated not on a weekly basis but based on another period (eg, month or half a year). In such cases, the working hours are considered overtime only if the number of hours of the relevant employee exceed the normal number of working hours for the relevant period.

For certain categories of employees (eg, those working under hazardous conditions or underage employees), the maximum number of working hours per week is less than 40 hours.

Some categories of employees (eg, pregnant women or women who have children under 14 years old) may request the employer to establish a decreased number of working hours.

Overtime

As a general rule, all hours worked in excess of 40 hours per week (and/or in excess of the number of working hours per day established by the employment agreement, internal regulations or collective agreement – usually 8 hours per day for a 5-day working week) are treated as overtime, with the exception of special work regimes and non-standard working regimes. Overtime is allowed only under the following exceptional circumstances defined in the Labor Code:

  • performance of work necessary for country defense or prevention of natural or civil disasters or industrial accidents as well as elimination of consequences of such accidents
  • performance of socially important work necessary for renewal of community facilities, which are disrupted due to unexpected or accidental circumstances
  • performance of work which was commenced but cannot be finished within normal working hours due to unexpected accidents or delays, if such work is needed to prevent damage or loss of state or communal property
  • performance of work necessary for urgent renovation of machines, if malfunctions of such machines results in the work stoppage for significant number of workers
  • performance of urgent cargo-handling operations for avoidance or prevention of demurrage of transport or accumulation of cargo in departure and destination points and
  • Work continuation, if the employee who starts their shift is absent, when work cannot be interrupted. In this case, the employer shall immediately take actions to replace such employee who continues to work after their shift has ended.

The maximum limit of overtime work is 120 hours per year and 4 hours over 2 consecutive days for the same employee. The employer must keep a record of overtime work.

Overtime must be compensated at double the regular rate. Employers cannot compensate overtime with time off.

Some categories of employees may not be required to work overtime (eg, pregnant women or employees under 18) or may only be engaged in overtime work with their consent (eg, women who have children of the age from 3 to 14 years old or individuals with disabilities).

Wages

Statutory minimum wages are established by law on a yearly basis. As of January 1, 2021, the minimum wage is approximately USD214 (UAH6,000) per month for full-time employment or USD1.3 (UAH36.11) per hour.

Vacation

The general statutory minimum annual vacation is 24 calendar days. Special categories of employees (eg, employees under 18 years old or some categories of disabled individuals) and/or employees working under specific positions, regimes or conditions of work (eg, employees working under a non-standard working hours regime) are entitled to additional vacation days. There are additional statutory paid and non-paid social vacation days. For instance, women who have 2 or more children under 15 years old or have a child with disabilities are entitled to 10 calendar days of paid social vacation per year. At the same time, the employer is obliged to grant to certain categories of disabled individuals unpaid social vacation of up to 60 calendar days.

Sick leave & pay

The compensation of the first 5 days of the sick leave must be paid at the expense of employer. A portion of the employee’s compensation starting from the 6th day of the sick leave and for the entire period until the restoration of ability to work or until the establishment of disability by the medical and social expert commission (ie, state commission responsible for determining disability) will be paid at the expense of the State Social Insurance Fund by the employer.

In general, employers cannot dismiss employees during the sick leave period. Ukrainian laws allow employers to dismiss an employee if their sick leave exceeds 4 continuous months, except for the leave for pregnancy and birth, unless a longer period of retention of a position is established by law for particular illnesses. Positions of employees who became temporarily disabled due to an occupational injury or a professional illness must be retained until restoration of working capacity or establishment of disability.

At the end of the sick leave, employees must present employers with a certificate from a medical institution as proof.

Maternity/parental leave & pay

Women are generally entitled to a maternity leave of 126 calendar days (ie, 70 calendar days prior to childbirth and 56 afterwards), or 140 calendar days (ie, 70 calendar days prior to childbirth and 70 afterwards) in the case of the birth of 2 or more children or complications in childbirth. The amount of compensation depends on the employee's salary as well as continuity of their work during the last 12 months prior to the maternity leave. The law sets maximum and minimum amounts of maternity leave compensation. Compensation for maternity leave is paid by the employer at the expense of funds provided by the State Social Insurance Fund.

After maternity leave, the mother is entitled to childcare leave until the child is 3 years old (in some cases, 6 years old – for instance, if a child requires home care). Any other relative of the child may take leave instead of the mother, provided that there is a proper confirmation that the mother of the child is working full time.

An employee may not be terminated by the employer during maternity or childcare leave and may start or stop childcare leave at any time before the child turns 3 (or, in certain cases, 6) years old.

United Arab Emirates

Employees entitled to minimum employment rights

All. Additional rights are also available to young workers (ie, those aged 15 to 18) and women.

Working hours

Eight hours per day or 6 hours during Ramadan. This equates to a 48-hour maximum working week for a 6-day working week, Sunday to Thursday (inclusive), or 36 hours for a 6-day week during Ramadan. The working hours provisions presume that the employee is working a 6-day week.

Overtime

Overtime is not to exceed 2 hours per day, unless the work is essential for preventing a substantial loss or serious accident or for eliminating or relieving the impact of a serious accident. Different increments apply depending on when the overtime occurs.

The overtime and maximum working time provisions in the Labor Law do not apply to employees holding senior executive managerial or supervisory positions.

Wages

At present, there is no minimum wage for employees in the UAE save in respect of Emirati employees, where a fairly low minimum threshold of AED5,000 per month applies for employees (ie, degree holders) to count for Emiratisation purposes. Presently, employees must earn at least AED4,000 per month in order to sponsor dependents on their visas.

Vacation

Two calendar days per month where the employee's period of service is more than 6 months but less than 1 year; 30 calendar days per year where the employee's period of service is more than 1 year.

Sick leave & pay

An employee is not entitled to statutory sick leave during the probationary period or 3 months thereafter. Employees are entitled to 90 calendar days' sick leave per year of service thereafter (15 days at full pay, 30 days at half pay and the remaining days without pay).

Maternity/parental leave & pay

After 1 year's continuous service, 45 calendar days' maternity leave at full pay. Before completion of 1 year's service, maternity leave is 45 days at half pay. A pregnant employee can take a further 100 consecutive or non-consecutive days if the employee falls ill as a result of her pregnancy or the delivery of her baby.

Male employees are entitled to 5 working days of paternity leave to be taken within 6 months of the birth of the child.

United Kingdom

Employees entitled to minimum employment rights

All.

Working hours

48 hours per week limit on working time; opt-out possible. Rules on rest breaks, night work and rest periods between shifts.

Overtime

No obligation to provide pay for overtime worked as long as pay overall does not fall below the statutory minimum.

Wages

  Minimum Wage Rate as of April 2020 (GBP) Minimum Wage Rate as of April 2021 (GBP)
25 years old or over 8.72 8.91
21 - 24 years old 8.20 8.36
18 - 20 years old 6.45 6.56
16 -17 years old 4.55 4.62
Apprentices 4.15 4.30

Vacation

5.6 weeks' vacation per year (which includes 8 public holidays).

Sick leave & pay

No right to take time off for sick leave, but most contracts allow this. Employees are entitled to receive 28 weeks' statutory sick pay at GBP95.85 per week, which will rise to GBP96.35 in April 2021 and is generally funded by the employer.

Maternity/parental leave & pay

52 weeks of maternity leave, paid for 39 weeks (ie, 90 percent of pay for first 6 weeks, then the statutory rate of GBP151.20 per week, rising to GBP151.97 in April 2021), and right to return to work. 2 weeks of paternity leave at birth, paid at the statutory rate subject to eligibility requirements. New parents may take 18 weeks of unpaid parental leave after the initial paid leave is up. Same rights for adopting parents. Subject to eligibility, a mother may also end maternity leave after 2 weeks and share the remaining 50 weeks of parental leave with the other parent (paid at the statutory rate, if eligible).

United States

Employees entitled to minimum employment rights

Most employers are covered by the Fair Labor Standards Act (FLSA) which guarantees minimum wage and overtime pay for non-exempt employees. The most common exemptions are for executive, administrative, professional, outside sales or computer professional employees. To qualify for an exemption, an employee must be paid a fixed salary of at least USD684 per week (USD35,568 annually) and must meet the applicable "duties" test for the exemption at issue. Some states impose additional wage and hour requirements above the FLSA requirements (eg, Oregon and New York); where state laws are more favorable to employees, the state law requirements will apply.

Working hours

There is no federal limit on the number of hours per day or per week that an employee over the age of 16 can work, although there are overtime pay requirements, as discussed below. There are restrictions on child labor and in certain professions (eg, airline pilots and drivers), and hours may be limited by a collective bargaining agreement with a labor union. In some states, certain employers are required to give their workers 1 day off each week under so-called “day of rest” laws or are required to pay workers at a premium rate for such work time. In addition, some states and localities have enacted predictive scheduling laws; while these vary in scope, the laws may regulate hours, notice of work schedules and predictability pay for schedule changes and on-call shifts.

Overtime

Generally, non-exempt employees must be paid 1.5 times their regular rate of pay for all hours worked in excess of 40 hours per week under the federal FLSA. Overtime must be calculated on a weekly basis and cannot be "averaged" over a period of 2 or more weeks. In some states, such as California, additional overtime is required in certain circumstances (eg, more than 8 hours per day).

Wages

All non-exempt employees must be paid at least the federal minimum wage, which presently is USD7.25 per hour. Some states and cities have higher minimum wage requirements – in many cases, above USD10 per hour – and additional states and localities have passed or have pending legislation that will raise the minimum wage in the coming years. This includes California (ranging from USD13 to USD14 per hour, with scheduled annual increases up to USD15 per hour by 2022 or 2023, depending on the size of the employer) and New York (ranging from USD12.50 to USD15 per hour, with incremental raises to USD15 per hour by the end of 2021, depending on the size of the employer and the location within the state)..

Vacation

There is no statutory requirement to provide paid vacation or holiday to any employees. Most employers adopt a vacation or paid time off policy. Once such a policy is adopted, many states will treat accrued vacation or paid time off as wages that cannot be withheld or taken away.

Sick leave & pay

There is no federally mandated right to paid sick leave. Employers with 50 or more workers generally must provide eligible employees unpaid leave under the Family and Medical Leave Act (FMLA) for up to 12 weeks in any given year due to a serious health condition of the employee or their family members, or for a qualifying exigency arising out of the fact that a family member is a covered military member or on covered active duty, and for up to 26 weeks to care for a family member who is a covered military member. Employers also may be required to provide unpaid leave (for at least some period of time) as a reasonable accommodation to a qualified employee with a disability under the Americans with Disabilities Act (ADA). State law may provide for additional leave, with an increasing number of states offering paid leave in connection with the birth or adoption of a child, typically with such benefits paid by the state, up to a percentage of the employee’s regular wages.

In the absence of national legislation providing for paid sick leave, many states, cities and counties have enacted laws requiring certain private employers to provide some form of paid sick leave to eligible employees. The result has been a patchwork of laws with different requirements.

As a result of COVID-19, federal, state and local governments also enacted legislation to create rights to emergency sick leave benefits, including the Family First Coronavirus Response Act (FFCRA). The new federal pandemic relief bill does not extend the mandatory leave requirements of the FFCRA into 2021; however, covered employers who voluntarily offer leave may utilize payroll tax credits to cover the cost of benefits paid to employees through the end of September 2021. Some state and local emergency leave laws expired at the end of 2020, while others remain in effect.

Going forward, the crisis may spur lawmakers and employers to consider more permanent changes. New state leave laws that expand coverage or entitlements took effect on January 1, 2021, including in California, Colorado, Maine, Massachusetts and New York.

Maternity/parental leave & pay

There is no federally mandated right to paid maternity or parental leave. Under the FMLA, employers with 50 or more workers generally must provide eligible employees unpaid leave for the birth or adoption of a child, or to care for a newborn or a newly placed child, for up to 12 weeks in any given year. Certain states and local jurisdictions have more generous leave requirements, and an increasing number provide paid parental leave, typically paid by the state, covering a certain portion of the worker’s wages. In certain states, employees who are temporarily disabled for medical reasons, including pregnancy and childbirth, are eligible to receive partial wage replacement in the form of temporary disability insurance benefits, and employers may be required to enroll in state-provided or state-sponsored insurance plans to cover the payments (eg, in New York) or contributions may be deducted from employees' paychecks (eg, in California).

Venezuela

Employees entitled to minimum employment rights

All employees, whether local or foreign.

Working hours

The working weeks consist of 5 days a week. Employees are entitled to 2 continuous rest days per week.

The limits on daily and weekly hours differ depending on whether the shift is a regular daytime shift, a regular nighttime shift or a mixed shift.

  • On a regular daytime shift, work is performed between 5:00am and 5:00pm. This shift cannot exceed 8 hours per day and 40 hours per week.
  • A regular nighttime shift consists of any work scheduled between 7:00pm and 5:00am. It cannot exceed 7 hours per day and 35 hours per week. Nighttime shift hours must be paid at least 30 percent above the rate applicable to daytime shifts.
  • Mixed-shift work is performed during both daytime and nighttime shifts, but a mixed shift of more than 4 hours during a nighttime shift is regarded as a nighttime shift. A mixed shift employee cannot work more than 7.5 hours per day and 37.5 hours per week.

Employees are entitled to a daily break of at least 1 hour during their shift and cannot work more than 5 consecutive hours. If the employee must remain at their workstation during the break, at least half of the break will be deemed as time worked.

Employers with continuous operations that involve multiple shifts may exceed the daily and weekly limits. However, the hours worked in a reference period of 8 weeks may not exceed an average of 42 hours per week. A 6-day working week must be compensated with an additional day of vacation per 6-day week, to be added to the employee’s annual vacation entitlement.

The following employees are exempt from the general rules about working time:

  • Employees holding managerial or top-level positions
  • Employees with monitoring, surveillance and inspection duties that do not require prolonged efforts and
  • Employees with on-duty waiting time periods (eg, employees who are meant to relieve another employee where needed), or employees with intermittent or discontinued activities, that involve long periods of inactivity, but must remain on call at their posting.

Although the general working time rules do not apply to these cases, they must observe a limit of 11 hours per day and an average of 40 hours per week within an overall reference period of 8 weeks.

Overtime

Overtime work (ie, any work performed in excess of the regular working shift) may only be done if authorized by the Labor Ministry. If, as a result of unforeseen and urgent circumstances, the employer cannot request authorization for overtime work, it must notify the Labor Ministry the day after the overtime was performed and must provide evidence of the reasons for the overtime.

Working shifts including overtime cannot exceed 10 hours per day. Employees cannot work more than 10 overtime hours per week and more than 100 overtime hours per year.

The employer must keep a register of overtime hours concerning who worked overtime, the specific tasks carried out during such time and what compensation was paid for overtime work.

Wages

The Venezuelan president sets the minimum statutory wage paid to employees. The minimum wage is adjusted periodically. The latest minimum monthly statutory wage published in the local official gazette was set at VES400,000 (equivalent to approximately USD0.20 at the official exchange rate in force as of January 31, 2021).

Vacation

Employees are entitled to receive 15 working days of paid vacation if they have worked for more than 1 year, plus 1 additional working day for each additional year of employment up to a maximum leave period of 30 working days per year.

Additionally, employees receive a vacation bonus equal to 15 days of salary after 1 year of employment, plus 1 additional day of salary per additional year of employment up to a maximum vacation bonus equal to 30 days of salary per year. Such bonus must be paid to the employee at the time the employee takes their vacation. The employer must keep a registry of vacation days for all its employees.

Employers are required to ensure that their employees effectively take their vacation every year. Vacation may be accrued for up to 2 years.

Sick leave & pay

Employees may take leaves for sickness or labor-related incapacity for up to 52 weeks. In order to claim sick pay, employees are required to provide a medical certification, as issued by the Venezuelan Social Security Institute.

During the first 3 days of sick leave, the employer must pay the employee’s full salary. Thereafter, the employer must pay 33 percent of the employee’s salary, and the remaining 66 percent will be paid by the Venezuelan Social Security Institute. Some employers pay the employee´s full salary during sick leave, as payments by the Social Security Institute are often severely delayed.

Maternity/parental leave & pay

Employers must grant maternity leave of 6 weeks before birth and 20 weeks after birth. Employees on maternity leave are entitled to receive 33 percent of their salary from the employer with the remaining 66 percent paid by the Venezuelan Social Security Institute, for the entire duration of leave.

Adoption leave of 26 weeks is available if a child is adopted at the age of 3 years or younger. The Venezuelan Social Security Institute pays the employee a portion of the employee’s salary (66 percent) during this period, and the remainder (33 percent) is paid by the employer.

Employees are entitled to 14 days’ paternity leave.  The Venezuelan Social Security Institute pays the employee’s full salary during this period.

Vietnam

Employees entitled to minimum employment rights

All.

Working hours

The maximum number of normal working hours is 8 hours per day and 48 hours per week. Employers have the right to stipulate that employees work on an hourly or daily or weekly basis. If a weekly basis applies, normal working hours must not exceed 10 hours in 1 day and must not exceed 48 hours in 1 week.

Any employee working at night shall be paid an additional 30 percent on top of the wage for such work conducted during the daytime.

Overtime

Employers may require an employee to work overtime, but only when:

  • The employee agrees
  • The overtime hours do not exceed 50 percent of the normal working hours in 1 day and
  • Where working hours are implemented on a weekly basis, the total of normal working hours and overtime hours do not exceed 12 hours in 1 day, 40 hours in 1 month or 200 hours in 1 year or, in special cases, 300 hours in 1 year, the latter subject to written notification being provided to the provincial labor authorities.

No employees are exempt from the overtime requirements.

Employers must pay employees who work overtime and work at night.

Overtime means the period of time spent working in addition to normal working hours, as stipulated by law, in the collective labor agreement or in internal labor rules.

An employee who works overtime must be paid according to the wage unit price or wage of their current work as follows:

  • On normal days, at a rate of at least 150 percent
  • On weekly days off, at a rate of at least 200 percent
  • On holidays and paid leave days, at a rate of at least 300 percent, exclusive of the individual's normal daily wage

If the employee works overtime at night, the employee must be paid the relevant overtime rate (ie, 150 percent, 200 percent or 300 percent of their normal daily rate) plus 20 percent of the applicable rate (ie, if the employee was not working overtime prior to commencing overtime at night, they are entitled to an additional 20 percent on their normal daily rate, but if the employee was already working overtime prior to working overtime at night, they will be entitled to an additional 20 percent on that overtime rate). Further, as noted above, if working at night, whether overtime or not, the employee is entitled to an additional 30 percent of their normal daily rate.

Wages

By law, employers must establish a salary scale, payroll and labor rates which are the basis for recruiting employees and reaching agreement with them on the salary rate to be stipulated in labor contracts. When formulating its salary scale, payroll and labor rates, the employer must seek an opinion from the Organization Representing the Employees at the Grassroots Level if the employer has such an organization. Thereafter, the employer must make an advance public announcement at the workplaces of its employees before implementation.

The government announces a minimum monthly area wage rate that is normally amended once a year and has 4 levels depending on the geographic location. The minimum area wage is the lowest rate that can be paid to employees doing the most basic work in normal working conditions. The current minimum wage ranges from VND3,070,000 per month (approximately USD132) to VND4,420,000 per month (approximately USD190) depending on the location. Note, however, that the lowest wage level for work of a job title requiring the employee to have received vocational or trade training, including employees trained by the employer itself, must be at least 7 percent higher than the minimum wage rate stipulated by the government.

The government also announces a general minimum monthly wage from time to time – normally once per year – that applies for state employees but is also used to determine the maximum amount of monthly wage on which social insurance or health insurance premiums are based (ie, equal to 20 months’ general minimum wage level). The general minimum wage is VND1,600,000 (approximately USD69) in January 2021.

Vacation

An employee who works for the employer for 12 full months is entitled to fully paid annual leave as follows:

  • 12 working days for employees working in normal conditions
  • 14 working days applicable to employees who are under 18 years old, have disabilities or work in heavy, toxic or dangerous jobs
  • 16 working days applicable to employees working in extremely heavy, toxic or dangerous jobs as defined in the list issued by the MOLISA

An employee may agree with an employer to take annual leave in installments or to combine 3 periods of annual leave and take leave once every 3 years.

Sick leave & pay

Employees on leave due to sickness or personal accident (not labor accidents) are entitled to receive a monthly allowance paid by Vietnam's social insurance fund. There is no obligation for an employer to pay an employee during sickness absence. The allowance from the social insurance fund is also available to those who take leave to care for sick children under 7 years old and is equal to 75 percent of salary for the month preceding the leave. A medical certificate from a health establishment must be provided by the employee.

The maximum entitlement is:

  • 30 days per year if the employee has contributed to the social insurance fund for less than 15 years
  • 40 days per year if the employee has contributed to the social insurance fund from 15 years to less than 30 years and
  • 60 days per year if the employee has contributed to the social insurance fund for more than 30 years.

There is no limitation on the number of days that an employee can be on leave due to sickness if the employee can reach an agreement with the employer on leave of absence without pay. However, the employer has the right to unilaterally terminate the labor contract if the employee is ill or injured and remains unable to work after having received treatment for a period of 12 consecutive months in the case of an indefinite-term labor contract, or 6 consecutive months in the case of a definite-term contract of 12 up to 36 months, or more than half the duration of the contract in the case of a definite-term contract with a duration of less than 12 months.

Maternity/parental leave & pay

Women are entitled to 6 months of maternity leave. The maximum maternity leave prior to childbirth is 2 months, and the remainder is taken after birth. For multiple births, the mother is entitled to an additional 1-month leave for each child after the 2nd child. An employee who adopts an infant child is entitled to maternity leave until the child is 6 months old.

A male employee who pays social insurance premiums and whose wife gave birth to a child is entitled to paternity leave of 5 to 14 working days depending on the number of children born and the circumstances of the birth.

During maternity leave, the employee receives a monthly allowance of 100 percent of their average salary in the preceding 6 months from the government, provided that the employer has paid social insurance premiums for the employee for at least a full 6 months in the year before childbirth or child adoption. Female employees who give birth or employees adopting a child under 6 months are entitled to a lump sum allowance equivalent to twice the monthly basic salary for each child in the month of childbirth or adoption. This lump sum allowance is in addition to paid maternity leave.