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  • Legal system, currency, language

    Constitutional and civil law with certain application of case law. Pesos (ARS). Spanish.

     

  • Corporate presence requirements & payroll set-up

    A foreign entity cannot hire employees in Argentina without a local corporate presence.

    Employers must pay social security contributions (23% or 27% on top of salaries, depending on the company's activity and revenues). Employees must contribute 17% of their salaries to the social security system (to be withheld by the employer and subject to certain taxable limits). Income tax is also withheld by the employer when paying employees' salaries (maximum rate 35%, subject to a progressive scale).

    Collective bargaining agreements for certain activities provide payments to be made by the employer and/or the unionized employees to the relevant unions.

  • Pre-hire checks

    Required

    • Pre-hire medical checks are required pursuant to resolutions issued by the Occupational Hazard Superintendence. If an employee does not complete a pre-hire medical check, the employee will be deemed to have begun work in optimal health; therefore, any injuries or diseases which subsequently arise will be deemed to have happened during the employment relationship.
    • Criminal record checks are required for foreign employees to obtain a work visa.

    Permissible

    Where criminal checks are not required for work visa purposes, they are only permissible (and often done in practice) for specific roles (eg, high-level managerial positions). Reference and educational checks are common and permissible, provided applicant consent is previously obtained.

  • Immigration

    Foreigners from non-Mercosur countries must obtain a temporary residence permit that permits them to enter and work in Argentina. Temporary residency is granted for a maximum period of up to 1 year, extendable for periods of equal or shorter terms. After 3 consecutive years as a temporary resident, foreign employees are entitled to apply for permanent residence.

    Citizens of Mercosur countries can apply for temporary Mercosur residence in Argentina without the need to present a work contract to the authorities. Temporary Mercosur residence is granted for 2 years and enables the individual to work and to apply for permanent residence on expiry of the temporary residence.

  • Hiring options

    Employee

    Full-time, part-time, fixed-term, indefinite-term employees or trainees.

    The following factors tend to indicate a labor relationship: availability to work for his/her employer; an employer who directs and subordinates the individual; an employer who instructs the services and duties required and creates the individual's schedule. Courts will also look at the extent to which the worker depends economically on the employer.

    Independent contractor

    Contractors should only be engaged where there is no labor relationship, that is, no direction/subordination or economic dependence.

    Misclassification, that is failure to register an individual as an employee, or submission of an incomplete or defective registration, carries the risk of severe sanctions and fines from the authorities (including amounts owed to social security for unpaid contributions). In addition, steep fines are levied upon statutory severance, including the doubling of the amount of severance owed to a (misclassified) employee.

    Agency worker

    Employers can engage workers through agencies. Agencies must be authorized by the authorities to function as an agency.

    The employer will be jointly and severally liable with the agency for all labor obligations arising from the worker's employment.

  • Employment contracts & policies

    Employment contracts

    There is no general, legal requirement to execute employment contracts in a specific form – meaning that they can be in writing, made orally, etc. unless a specific law or collective convention applies and indicates otherwise. Notwithstanding, employers are advised to enter into a written employment contract.

    Probationary periods

    The maximum permitted duration of a probationary period is 3 months. After the end of the 3 month period, the employee will turn into an indefinite term employee.

    Policies

    The law does not require employers to have specific policies in place. Notwithstanding, there are some policies that are strongly recommended to prevent potential conflict, such as bonus policies.

    Third-party approval

    Third-party approval is not required for employment contracts or any policies.

  • Language requirements

    No statutory language requirements; however, in practice, employment contracts are drafted in Spanish.

  • Minimum employment rights

    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 will 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 his/her employer
    • The employer will direct and subordinate the employee, appoint the services and duties required and order the employee to comply with a schedule

    Courts will also weigh 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 to be 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 (main managers, directors etc.).

    Overtime

    Employees in Argentina are allowed to perform overtime. Overtime will be only compulsory in cases of danger or 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%, calculated using the employee's usual salary if the overtime hours were worked during business days, and 100% 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 Production and Labor. The NMW rate as of December 2018 is AR$11,300.

    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 to 10 years of seniority; 28 days for employees with between 10 to 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/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 longer. 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, but it may not be less than 30 days, and 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 enjoyed 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. 

  • Discrimination

    The law prohibits discriminatory acts or omissions based on race, religion, nationality, ideology, political or trade union opinion, sex, economic position, social condition or physical characteristics.

    In addition, Argentina has ratified international antidiscrimination conventions, such as the Convention of Belem do Pará and the Convention on the Elimination of All Forms of Discrimination against Women.

  • Benefits & pensions

    The Social Security National Administration (Administración Nacional de la Seguridad Social, hereinafter ANSES) is the authority in charge of the administration of the social security system in Argentina, called Sistema Integrado de Jubilaciones y Pensiones (SIJP). Employers and employees are required to make contributions to the SIJP which provides for old age pension and disability benefits.

    To qualify for a statefunded pension distribution, male employees must be 65 years old, while female employees must be 60 years old. In both cases, in order to qualify for pension the employee must have contributed to the SIJP for a minimum of 30 years.

    Employers do not have a legal obligation to provide a private pension scheme for employees, as the employees are entitled to state pensions.

  • Data privacy

    The Data Privacy Law No. 24,766 sets limits to the type of personal data that may be collected by prohibiting the collection of sensitive personal data, such as data that is related to political or religious opinions, and regulates the collection, use, processing and transfer of personal data.

    Employers are allowed to monitor employee's work devices, provided the employee is duly notified in advance, and personal information is safeguarded and not disclosed.

  • Rules in transactions/business transfers

    Where there is an asset transfer that qualifies as a business transfer, all obligations arising from the employment contracts that the transferor has executed with its employees will be taken on by the transferee after the transfer. Employment contracts will continue with the transferee and the employees will retain their seniority with the transferor and the rights arising from it. Therefore, on the execution of the transfer, all employees are automatically transferred to the transferee, after their written consent has been obtained.

    Although in practice both internal consultations and collective consultation with trade unions are held before a business transfer takes place, the transferor and the transferee are not required by law to inform or consult employees on a business transfer. However, in order to perform the transfer of staff, the employee’s written consent must be given prior to the transfer. In the absence of this consent, the employee may terminate the employment, with the right to compensation.

    The transferor and the transferee will be jointly and severally liable for any dismissals that arise due to the transfer.

  • Employee representation

    Argentina is a highly unionized country with approximately 3,100 active trade unions with considerable political power. There are unions in nearly all sectors or industries.

    A trade union must be recognized by the Ministry of Production and Labor. Only recognized and authorized unions can enter into a CBA. Employers cannot recognize an unauthorized union voluntarily, not even for collective bargaining purposes.

    The National Constitution sets out collective labor rights in its Article No. 14 (bis), guaranteeing unions the right to collectively bargain and the right to strike.

    CBAs are very common in Argentina. There are different types of CBAs depending on the territory in which they are going to be enforceable. Some CBAs only govern employees within one specific company, whereas other CBAs govern employees performing certain activities in a geographical region or industry.

  • Termination

    Grounds

    Cause is not required for termination of employment; however, it is required to avoid payment of statutory severance. There is no exhaustive and/or exemplary list of behaviors that constitute cause for dismissal; therefore, whether a dismissal is with or without cause will depend on judicial judgment on a case by case basis. 

    Who is subject to termination laws?

    All employees.

    Prohibited or restricted terminations

    Public employees and union delegates cannot be dismissed without cause and without complying with the statutory procedure for these terminations. All other employees can be dismissed with payment of statutory severance, which will differ based on the case (maternity, illness, etc.)

    Pregnant employees are protected from dismissal. If a pregnant employee is dismissed within the period of 7-1/2 months before or after the date of childbirth, the pregnancy will be considered to be the cause of the dismissal, entitling the employee compensation for the discrimination equivalent to their annual salary, in addition to the applicable severance payment.

    Further, if a dismissal occurs 3 months before the marriage of an employee, or 6 months after it, the dismissed employee will be entitled to a special compensation.

    In order to dismiss employees on sick leave, employers must pay a special severance (full severance payment applicable for dismissal without cause, plus the salary which would be payable for the entire period the illness would be expected to last, according to medical opinion).

    Third-party approval for termination/termination documents

    Under Decree No. 1043/18 (effective as of November 14, 2018), employers wishing to dismiss indefinite term employees without cause must notify the Ministry of Production and Labor at least 10 business days before the decision goes into effect. This Decree is effective through March 31, 2019.

    As this decree was issued recently, there is no administrative or judicial case law interpreting the Decree.

    Mass layoff rules

    Prior to a mass dismissal, an employer must provide notice to the respective trade union that regulates the employer's industry. Collective consultation may be required depending on employee headcount.

    Prior to executing or communicating dismissals or suspensions due to force majeure, economic or technological causes that affects more than:

    • 15% of the employees where total headcount is less than 400
    • 10% of the employees where total headcount is between 400 and 1,000 and
    • 5% of the employees where total headcount is greater than 1,000

    Employers must comply with the Preventive Procedure of Companies Crisis (PPC) before the Ministry of Production and Labor. During this procedure, the company will engage in negotiation with the respective union acting on behalf of their members. The aim of this procedure is to avoid business shutdowns or bankruptcy. After the company files the request at the Ministry of Production and Labor, the Ministry will forward the claim within 2 business days of the filing to the other party for its response. After a response is made, a settlement hearing will be scheduled within the next 5 business days. If a settlement is not reached, the Ministry will open a "negotiating period" that must not extend beyond 10 business days. If the parties still do not reach to an agreement within that period, the PPC process will conclude. Notwithstanding this, in practice, this procedure normally takes longer than the law sets out.

    Notice

    In order to proceed with termination, employers must give notice to employees before the dismissal. 

    The term of this notice will depend on the seniority of employees:

    • During their probationary period, notice must be given to employees 15 days before termination
    • In order to dismiss employees who have completed the probationary period but who have less than 5 years of seniority, notice must be given 1 month prior to the dismissal and
    • Employees with more than 5 years' seniority must receive 2 months' notice before their dismissal

    Statutory right to pay in lieu of notice or garden leave

    Employers are permitted to pay in lieu of notice. Current legislation does not regulate nor prohibit garden leave.

    Severance

    An employee who is dismissed without reasonable cause is entitled to statutory severance of 1 month's salary for each year of service, or period longer than 3 months. This amount is calculated using the employee's highest monthly, regular compensation received in the last 12 months of work. This baseline cannot be more than 3 times the "monthly payment," which is the average of all compensation set out in the applicable CBA at the time of the dismissal (this average is periodically published). The Ministry of Production and Labor governs the updating of this average for every authorized trade union.  

    If the employee is not subject to a CBA (typically, senior employees), the limits applicable to the activity in which he/she performs duties will apply. In no case will the amount of the compensation payable be less than 1 month of real salary.

    Currently, in the Vizotti case, the Supreme Court of Justice has raised the basis for calculating compensation subject to a limit, establishing that it will be 67% of the employee's monthly and usual compensation, the amount to be multiplied by the years of service of the employee, based on constitutional reasons and in cases where the application of the legal limit imposes a reduction to the severance payment of more than 33%.

    This severance payment may be reduced or increased in other types of termination (eg, force majeure and lack or reduction of work; death of the employee; employer's bankruptcy; employee's retirement; employee's illness; employee's pregnancy; etc.)

  • Post-termination restraints

    Non-compete, customer non-solicitation and employee non-solicitation clauses are often used, especially when the employer and employee negotiate the terms and conditions of the termination of the employment.

    Restrictive covenants are capable of being enforced post-employment, provided the employee receives compensation for the restrictions. Therefore, consideration is required for valid restrictive covenants. The amount must be fair and in accordance with the salary of the employee, his/her position in the company, the agreements that the company intends to impose and the extent (period and territory) of the restrictive covenant.

    The law does not specifically regulate restrictive covenants. However, most restrictive periods range between 2 years to 5 years. However, under certain circumstances the court has enforced a 10 year post-termination restraint period, based on the business and the amount of consideration paid to the employee.

    Where an employee is in breach of an agreement, the employer can file a claim against the employee in court requesting compensation for damages. The complaint may include injunctive relief to stop the violation immediately. Alternatively, courts may declare the covenant null and void if it has been drafted too widely.

  • Waivers

    Pursuant to the LCL, any executed agreement that suppresses or reduces rights granted by the LCL, labor laws related to specific industries, collective agreements or individual employment contracts, either at the time of their agreement or execution, or the exercise of the rights arising from its termination, shall be null and void.

  • Remedies

    Discrimination

    Compensation is available as a remedy for discrimination or harassment. In case the event of a complaint based on harassment, the employee can file a claim requesting the payment of the statutory severance payment applicable to dismissals without cause and an additional amount for the pain and/or emotional distress caused by the harassment.

    Employers are liable for the acts of their employees. Therefore, the employer and the harasser will be declared jointly and severally liable for the payment of any compensation granted to the victim.

    Unfair dismissal

    Employees may challenge a dismissal without cause within 2 years of the dismissal and seek payment of statutory severance, plus interest and court fees. The complaint must be filed before the labor courts.

    Failure to inform & consult

    Not applicable for terminations as there are no consultation obligations.

  • Criminal sanctions

    Breaches of labor law do not entail a criminal breach or sanction unless such a breach or offense is specifically regulated by the National Criminal Code as a crime. In that case, criminal sanctions will be applied for the breach of criminal law and not for the breach of labor law.

  • Key contacts
    Osvaldo Jofre
    Osvaldo Jofre
    Cordova Francos [email protected]

Minimum employment rights

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 will 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 his/her employer
  • The employer will direct and subordinate the employee, appoint the services and duties required and order the employee to comply with a schedule

Courts will also weigh 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 to be 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 (main managers, directors etc.).

Overtime

Employees in Argentina are allowed to perform overtime. Overtime will be only compulsory in cases of danger or 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%, calculated using the employee's usual salary if the overtime hours were worked during business days, and 100% 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 Production and Labor. The NMW rate as of December 2018 is AR$11,300.

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 to 10 years of seniority; 28 days for employees with between 10 to 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/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 longer. 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, but it may not be less than 30 days, and 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 enjoyed 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

38 hours a week, although the 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, 2018 is AU$719.20 per week or AU$18.93 per hour. This is reviewed annually.

Vacation

4 weeks' paid annual leave during each year of service accruing progressively. In addition, an employee is entitled to be absent from work on a day that is a public holiday (8 days in total are observed nationally). Casual employees would not normally be paid for their vacation. To make up for this, they receive extra pay, called casual loading.

Sick leave & pay

Employees are entitled to take 10 days of paid personal/carer's leave for each year of service. An employee may take the leave if he/she is 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. Casual employees would not normally be 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 for separate periods of up to 12 months in a single continuous period in relation to the birth or adoption of a child. As a result, the couple employees may take up to a total of 24 months' leave between them. However, if only one person is taking leave as opposed to both persons of the couple, or if one 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.

If both members of the couple are taking unpaid leave, the leave entitlement has to 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 paid parental leave scheme exists, entitling eligible employees to 18 weeks' paid parental leave at the national minimum wage, 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, working time).

Working hours

In general, 40 hours a week and 8 hours a day limit on working time. 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 salary in general 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 (base salary) and which is deemed as overpayment for overtime work. The base salary has to 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 (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 1 July 2018).

Maternity/parental leave & pay

Minimum maternity leave starting 8 weeks before giving birth (according to the calculated birth date by a physician) ending 8 weeks after birth. The mother is paid a portion of her wages from the 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.

Bahrain

Employees entitled to minimum employment rights

All employees. Additional rights are also available to minor workers (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, Bahraini nationals who hold high school diplomas are entitled to a minimum wage of BHD 270 monthly. Bahraini nationals who hold diploma degrees are entitled to a minimum wage of BHD 350 monthly, and Bahraini nationals who hold university degrees, are entitled to a minimum wage of BHD 400.

Vacation

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 proved 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 (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. An employee can take a further 15 consecutive or non-consecutive days 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 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, 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, 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; notification to the Belgian Federal Government Service of Employment Labor and Social Dialogue).

Wages

At least €1,654.90 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% of the employee's remuneration
  • if the employee is a blue-collar worker: equal to 100% of the remuneration during the first 7 days, reduced to 85.88% 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 (deviations in case of multiple birth). During leave, allowances paid by the National Health Service (82% of pay for first 30 days, then 75%); right to return to work and protection against dismissal. 10 days of paternity leave at birth; 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 set forth 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 the compensation for normal hours by at least 50%. Collective bargaining agreement may set forth higher amounts of overtime compensation. It is not possible to make a fixed payment in lieu of overtime.

Wages

Currently, the national minimum wage is R$998.00 per month. Regional minimum salaries and minimum salaries set forth by collective bargaining agreements often apply and may be higher.

Vacation

Employees are entitled to remunerated vacations (30 days) after every 12 months of work as of their hiring date. The vacation payment is equivalent to one 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 of time.

Maternity/parental leave & pay

Women are entitled to paid maternity leave of 120 days starting on the date of the birth of their children 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 labour 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/work and the employee's qualifications. For example, professionals (lawyers, doctors, etc.) 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%) begins to accrue immediately upon the commencement of employment. In most jurisdictions, vacation entitlement increases to 3 weeks (and 6% 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 are 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.

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 his/her statutory sick leave days. 

Maternity/parental leave & pay

Entitlements differ slightly by jurisdiction. In most jurisdictions, pregnant employees have the right to take pregnancy (maternity) leave of up to 17 weeks (18 weeks in Quebec) 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 61 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 paternal 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/parental leave, however, the employee can usually be required to pay his or her 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/parental leave, or for taking or planning to take a pregnancy/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 hours work week cannot be spread over less than five days or more than six days. An employee is required to take a 30 minute lunch break, which is not included into the working hours. Certain types of employees are not subject to working hour limitations (eg, sales staff that provides services out of the company premises, managers and teleworkers).

Overtime

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

Wages

CLP 276,000 (approximately US$460) is the statutory minimum salary.
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% 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% of net equity. However, the employer may pay a bonus of 25% 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 US$2,185) 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 one of the two above mentioned 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 three years of service.

Sick leave & pay

There is no limit to the number of sick days that employees are able to take. Employees are paid their normal wage through government 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 fewer than 10, the employee receives subsidies from their fourth day of sickness. 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.

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, with the exception of 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 (of between 150% and 300% 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 one full year or more are entitled to 5-15 days' annual leave with pay. The duration of leave for each employee is determined by reference to his/her 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, and additional maternity leave may apply, depending on location. Employees that experience a difficult childbirth get 15 extra days. For multiple births (twins, triplets, etc.), 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 the Saturday as a day of rest.

Special shifts are permitted according to the needs of companies.

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 6:00 am to 9:00 pm. Overtime during the day is paid at a rate of 25% on top of the ordinary hourly rate. The working night is from 9:00 pm to 6:00 am; workers who ordinarily work during these hours must be paid 35% on top of the ordinary hourly rate. Overtime pay for night work is equivalent to 75% 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 (such as security guards) provided they stay at the workplace are excluded from the above rules regarding the maximum work day and overtime.

Wages

The minimum wage is determined by the Colombian Government every calendar year. The minimum wage for 2019 is COP$828.116 per month. The minimum wage is increased annually using the IPC (Consumer Price Index) as a reference.

Salaries in Colombia can 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% 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 first payment must be made on the last day of June and the second one must be made within the first 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 (April, August and December) to employees who earn less than twice the minimum wage.
  • Transportation allowance (COP$97,032) 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 (COP$10,765,508 for 2019). If the proposed salary is equal or higher to that amount, an integrated salary scheme could be used.

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

  • Severance aid (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 Colombian territory or abroad
  • Bonuses of all types and natures
  • In general, any and 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 13 times the minimum wage.

Vacation

The employee is entitled to 15 business days of vacation per year and proportional to a 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/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/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, 2018, the base rate of the minimum wage is CZK 13,350 per month or CZK 79.80 an hour.

Vacation

Statutory minimum of 4 weeks (20 working days) 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 (excluding the first 3 days), the employee is entitled to salary compensation (60% of average earnings) from the employer. With effect from  July 1, 2019, the employee is entitled to salary compensation also within the first 3 days. 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 for the entire duration of maternity leave (at the rate of approximately 70% of daily salary). Protection against termination.

Paternity leave of 1 week within 6 weeks after the birth of the child, paid for the entire duration of paternity leave (at the rate of approximately 70% of daily salary).

Parental leave available for women after the end of maternity leave, for men after childbirth, until the child reaches the age of 3 (duration to be determined by employees). Parental pay available until the child reaches the age of 4 up to CZK 220,000. 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 a period of 4 months. A general working week for a Danish employee is 5 days, working typically an average 37.5 hours per week.

The Working Environment Act contains provisions stating that working hours are to the extent possible to be organised 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 as far as possible take place on a 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/wages.

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

Vacation

An employee earns 2.08 days of holiday for each month of employment in a calendar year (qualifying year), which is equivalent to 25 days' vacation in total in each full qualifying year to be taken in the subsequent holiday year commencing on 1 May in the calendar year following the qualifying year. The minimum requirements of the Holiday Act cannot be derogated from by agreement.

A new Holiday Act will come into force in 2020 with transitional provisions as from 2019.

Sick leave & pay

All employees are entitled to absence during sickness. Most collective agreements and the 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 is obliged to pay compensation equivalent to the authorities´ sickness benefits for the first 30 days. After that period, the authorities will continue the sickness benefit.

After a consecutive period of absence of 30 days due to sickness, the employer can be reimbursed for a certain amount of sickness benefits by the authorities if the employer pays salary during the sickness 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.

Employees covered by the Danish Salaried Employees Act are entitled to 50 per cent of their salary 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 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 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. The 32 weeks of parental leave can be extended to 40 or 46 weeks. 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 apply to adoptive parents and same-sex parents. Note, however, that adoptive parents can only take leave if the state decides that one 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 collective bargaining agreements in place across most sectors also specify minimum employment conditions. Employers that do not belong to an employers' association with a collective agreement 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-hours arrangements and stipulate mandatory rest periods.

Overtime

Employees are allowed to do both additional hours and overtime. Overtime requires the employee's separate consent each time. The maximum amount of overtime during a four-month period is 138 hours, though an employee must not exceed 250 hours' overtime in a calendar year.

According to the Working Hours Act, overtime is compensated with additional pay unless agreed to be compensated with time off. The first two hours are paid with a 50% increase on normal salary and any hours thereafter with a 100% increase.

Wages

There is no national minimum wage in Finland. Minimum wages are specified in the relevant collective agreement (if applicable). Otherwise wages must be "reasonable".

Vacation

An employee working at least 14 days or 35 hours a month is entitled to paid annual holiday time. An employee is entitled to two and a half weekdays of holiday for each full holiday credit month. However, the entitlement is two weekdays of holiday for each full holiday credit month if the employment relationship has been uninterrupted for a period of less than one year by the end of the holiday credit year (the period from April 1 to March 31 inclusive). When the number of holidays is calculated, any fraction of a day is rounded up to constitute one full day of holiday. Full annual holiday entitlement covers four weeks of summer holiday and one week of winter holiday. CBAs may include more favorable vacation entitlements.

An employee working less than 14 days or 35 hours a month is entitled to 2 days of leave for each holiday credit month and to holiday compensation, which is 9 to 11.5% of pay from 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 ninth 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 one month, employees are correspondingly entitled to 50% of their pay. CBAs typically include more agreeable sick pay entitlements.

Maternity/parental leave & pay

The minimum period of maternity leave is 4 weeks (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 can 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/resting days, ie resting days to compensate for days worked above the legal working time, under the conditions set by CBAs.

Overtime

Annual limit of 220 hours, unless the applicable CBA provides for a lower ceiling.

Wages

Minimum wage set at EUR1,521.22 gross per month for 2019, for a 35-hour week. In addition, minimum (higher) salaries provided by applicable CBAs.

Vacation

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

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

Sick leave & pay

Subject to more favourable terms specified in a CBA, daily indemnity paid by the Social Security Authorities as of the 4th day of absence. For employees having 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 (1st day in case of occupational accident or sickness):

  • 90% of the employee's gross compensation for the first 30 days of absence
  • 2/3 of such compensation for the next 30 days, each of these two 30-day periods 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 favourable provisions of the CBA.

Maternity leave: The minimum amount 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 birth date.
  • 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

48 work hours per week as average in any 6-month period. Uninterrupted minimum break of 11 hours after every work day. 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 needs to be fair; any provision incorporating overtime into overall wages needs to be related to a defined amount of overtime.

Wages

As of January 1, 2019, the new minimum wage is €9.19 gross per working hour. AS of January 1, 2020, the new minimum wage will be €9.35 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

4 weeks per year plus local public holidays (between 9-12 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

14 weeks maternity leave 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% net payment rate. Further 24 months of unpaid parental leave possible with full protection of the workplace and right to return to work.

Hong Kong

Employees entitled to minimum employment rights

The EO applies to every employee engaged under a contract of employment, to any employer of such an employee, and to any contract of employment between such parties. Employees to whom the EO applies will be 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 of unreasonable and 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 aged above 15 but under 18 and employed in an industrial undertaking), but there is a proposal in Hong Kong to introduce standard working hours and non-binding guidelines for 11 industries.

Overtime

No obligation to provide pay for overtime worked.

Wages

There is a statutory minimum wage, currently set at HK$34.50 per hour. The Hong Kong Legislative Council has approved an increase in the statutory minimum wage to HK$37.50 per hour with effect from May 1, 2019.  

 

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 (rather than the minimum 12 statutory holidays). General holidays are declared to be every Sunday and 17 other days (which include the 12 statutory holidays).

Sick leave & pay

Employees in continuous employment will 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, all of the sickness days are deemed subject to be paid the sickness allowance (including the first 3 days) up to the maximum accrual (however, this 4 consecutive days requirement does not apply to any day off taken by a female employee for her pregnancy check-ups, post-confinement medical treatment or miscarriage). The 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 the 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

10 weeks' maternity leave. This will be paid at 4/5 of the employee's average daily wages 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, the maternity leave is unpaid. Where an employee gives birth later than expected, the employee can also 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 can 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 in addition to sickness allowance. Note that the Government has announced that a bill extending statutory maternity leave and maternity leave pay to 14 weeks will likely be introduced in 2019.

The EO grants 3 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. This has increased to 5 days, effective on January 18, 2019. Provided the employee has been in continuous employment for not less than 40 weeks at the commencement of the paternity leave, the paternity leave will be 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, stand-by 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/weekly maximum working time, which (including overtime) on a specific 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 so provided by a collective agreement. However, by written agreement of the employer and the employees, the employer can 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% of base salary in case of overtime above 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 (50% plus a day off or 100%).

Wages

The mandatory minimum wage is HUF 149,000, from January 1, 2019. A higher minimum wage, the so-called guaranteed wage minimum of HUF195,000 (for 2019), 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, etc.)

Sick leave and pay

Employees are entitled to 15 days of sick leave per year, during which they receive 70% 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, the 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 four weeks' leave is taken before the planned date of childbirth. If eligible, employees receive 70% 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 the 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 (longer for disabled or sick children). During this period, the employee receives child care pay from the social security system amounting to 70% of average salary until the child reaches 2 years of age, and the minimum amount of old age pension after the 2nd birthday of  the child until it reaches the age of 3 years.

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 will at a minimum be entitled to minimum wages as framed by the relevant state government. Additionally, an employee will be entitled to a statutory bonus, provident fund contributions, insurance coverage, maternity benefits and severance dues, if he/she meets 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 will apply. Generally, these statutes provide for working hour limits both on a daily and weekly basis. The normal daily hour limits range from between eight to nine 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. Under the local S&E Act, the normal working hour limits can 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.

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 will be dictated by a variety of factors, including:

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

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. 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.

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.

Further, 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 one day's leave with wages for every 20 days of work.

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). Also, 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 less than 2 surviving children are entitled to maternity leave of 26 weeks. Women with two 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 also 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 of expatriate employees).

Working hours

7 hours a day or 40 hours a week limit (in a 6-day week); or 8 hours a day or 40 hours a week (in a 5-day week).

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 is dependent on how many hours are worked overtime and the timing of such overtime work. Normally the overtime rate per hour is 1/173 of monthly salary. The maximum overtime is 3 hours per day and 14 hours per week.

Wages

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).

Vacation

Minimum of 12 days of paid vacation/annual leave per year after 1 year (12 months) of uninterrupted service.

Muslim employees may take special leavein order to fulfill religious duties − ie, a pilgrimage to Mecca. In practice, this entitlement only applies once after the employee has been working 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 will receive 100% of his or her salary for the first 4 months of the sickness; the percentage of pay decreases thereafter. If the sickness continues after 12 months, then the employee may be terminated with severance payment. Female employees are also 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 take 3 months of fully-paid maternity leave, of which 1.5 months is to be taken in the pre-natal period and the remaining 1.5 months in the post-natal period. The timing of taking 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 his or her child's wedding, circumcision, baptism or death.

Ireland

Employees entitled to minimum employment rights

All.

Working hours

48 hour a week limit on working time. 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. Premium payable for Sunday work, unless the fact that the individual has to work on a Sunday has otherwise been taken into account in the determination of his/her pay.

Wages

The minimum wage rate is €9.55 per hour (since January 1, 2018).

Subminimum rates only permissible in very limited circumstances.

Vacation

Annual leave entitlement based on hours worked:

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

Plus 9 public holidays.

Sick leave & pay

Usually required to be certified by a medical practitioner after three days' absence. Employees may be entitled to illness benefit from the state after six days, but no other general right to 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. Entitled to an additional 16 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.  Entitled to an additional 16 weeks during which no state benefit is payable. General right to return to work.  

18 weeks unpaid parental leave to be taken before the child reaches the age of 8.

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

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 28.49 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

40 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. 13th or 14th salaries may be required by the applicable collective bargaining agreement.

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 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, just cause). In 2019, subject to and conditional on a specialist doctor's opinion, mothers may be allowed to work until the ninth month of pregnancy. In these circumstances, mothers would therefore take the entire 5 months' period of maternity leave after the childbirth. In 2019, fathers are obliged to take 5 days off within 5 months of their child's birth. They can 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 can 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 (for example, persons who are considered managers may be exempted in some cases), employers must pay minimum overtime rates as follows:

Basic overtime rate 125% of base hourly wage
Work on a "rest day"* 135% of base hourly wage
Late-night overtime (between 10:00pm and 5:00am) 150% of base hourly wage
Late-night overtime on a "rest day" 160% of base hourly wage
Overtime work in excess of 60 hours/month** 150% of base hourly wage
Late-night overtime in excess of 60 hours/month** 175% 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/month.

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 two months over any six-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% of the total number of working days during that period, he or she is 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 carryover 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 child care 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 will generally receive 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

The normal working week should consist of not more than 52 hours of work spread over 6 days of the week and 1 whole rest day in the week.

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, the 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 not 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

Maternity leave – 3 months' maternity leave with full pay (no forfeiture of annual leave on account of maternity)

Paternity leave – employee is 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 (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, 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

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 or for 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 KD 75 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 three quarters' salary
  • Next 10 days on half salary
  • Next 10 days on quarter 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/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

40 hours per week limit on working time.

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%. Overtime payment is not required for senior executives.

For the 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% 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% 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
    • any hour exceeding 10% 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

€2,071.10 minimum wage per month for unqualified employees and €2,485.32 per month for qualified employees (index 814.40). 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

25 days per year (plus 10 days of public holidays). A draft law has recently been filed which aims to increase the holiday entitlement to 26 days and the public holiday entitlement to 11 days.

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 - 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 - CNS).

Maternity allowances cannot be lower than the social minimum wage (gross amount of €2,071.10 per month as of August 1, 2018), and may not exceed an amount equal to 5 times the social minimum wage (gross amount of €10,355.50 per month as of August 1, 2018).

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

  • First parental leave directly following the maternity leave
  • 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 €2,071.10 and €3,451.83 per month and will be paid by the Children's Future Fund (Caisse pour l’avenir des enfants). An employee earning less than €3,451.83 per month is entitled to an equivalent amount to replace his or her salary. An employee earning more than €3,451.83 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 RM 1,100 per month or RM 5.29 per hour for the whole of Malaysia.

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 proposals since 2017 to increase this to 90 days, 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 work day 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. Common business practice in Mexico 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 more than the number of hours in the statutory work day 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

The minimum wage is established by geographical areas and/or for specific professions or specific fields (professional). Currently there are two geographical areas for the purposes of determining minimum wage. The minimum wage for 2019 for 43 counties in the Northern Border is MX$176.72 per day. The general minimum wage for the rest of the country is MX$102.68 per day. The minimum wage is usually increased annually in accordance to the INPC (National Consumer Price Index).

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, the employee must obtain a medical authorization from the Mexican Social Security Institute in order to get paid for the days during 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 can 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 he adopts a child.

Morocco

Employees entitled to minimum employment rights

All.

Working hours

44 hour a week limit on working time. Rules on rest breaks, night work and rest periods between shifts.

Overtime

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

Payment of double wage if employee works during a public holiday.

Wages

Minimum wage: MAD 2,570.80 (approx. €240) per month; MAD 13.46 per hour.

Vacation

1.5 days' vacation per month of service after 6 months of service in the company. An employee who has worked 12 months in the company will be 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 year (365 days).

Maternity/parental leave & pay

14 weeks maternity leave. 100% of salary paid by the social security.

3 days' paternity leave. 100% of salary payable by the employer.

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, besides 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
  • 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, which is called Comissão Consultiva de Trabalho (CTT). The minimum salary is approved by sectors and there are 8 sectors of activity:

Sector of activity Minimum salary 2017 (MZM)
Agriculture, Livestock, Hunting and Agro Forestry (Sector 1) 3,642.00
Industrial and Semi-Industrial Fishing (Sector 2) 4,615.00
Kapenta Fishing (Sector 2) 3,780.00
Mining Extraction Industry (Sector 3) 6,963.67
Mining Industry - Quarrying and Sand Mining (sand extraction) (Sector 3) 5,201.60
Salt Mine (salinas) (Sector 3) 4,731.00
Manufacturing Industry (Sector 4) 5,965.00
Bakery Industry (Sector 4) 3,334.00
Production and Distribution of Electricity, Gas and Water (Sector 5) 7,286.00
Small Operators (Sector 5) 6,002.00
Construction (Sector 6) 5,436.70
Non-financial Services and Activity (Sector 7) 5,525.00
Financial Activity and Services (Sector 8) 10,400.00
Micro-finances, Micro-insurances and other Ancillary Activities (Sector 8) 9,240.00

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
  • 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 his paid sick leave by law he will be able to have additional absences due to sickness, but those will not be paid. If the employee is often absent due to illness, the employer may refer him to the Medical Board to assess his capacity to work. Absences due to illness must be justified by appropriate medical certificates.

Maternity/parental leave & pay

Female employees shall be 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, since the social security pays for the 60-day leave period at 100% 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 one 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 fulltime working week usually consists of 40 hours. Collective agreements might set different full time working hours (ie, 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 22 years and older is €74.58 as of January 1, 2019.

Under the Minimum Wage Act, it is mandatory to pay a holiday allowance of 8% of the salary, unless an employee earns more than 3 times the minimum wage.

Vacation

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

Sick leave & pay

In case of occupational disability, an employer must pay at least 70% 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" (€ 214,28 per day/€ 4,660.59 per year as of January 1, 2019) and must (during the first 52 weeks of illness) not be below the statutory minimum wage rate. It is common practice though, to pay 100% of full salary during the first year of illness and 70% of full salary during the second year.

Maternity/parental leave & pay

16 weeks maternity leave and, after that 16 weeks, a right to return to work. During the 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, during 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 during the first six months after birth, there is an additional leave entitlement of 5 weeks in case of a full time employee (additional paternity leave / partner leave). This leave is not paid by the employer. An employee who takes this additional leave is eligible for state benefits of up to 70% 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.

Wages

The National adult minimum wage rate for employees aged 16 years or older is NZ$16.50 per hour before tax. This will increase to NZ$17.70 per hour on April 1, 2019.

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.

Maternity/parental leave and pay

Eligible mothers are entitled to:

  • 22 weeks of paid maternity leave. This leave is paid for employees/self-employed. Payment is made by the government, not by employers.  This will increase to 26 weeks on July 1, 2020. 
  • 52 weeks of extended leave (unpaid) in total (includes paid maternity leave)
  • 10 days of special leave (unpaid)

Eligible fathers are entitled to:

  • 2 weeks of paternity leave (unpaid)
  • The partner's parental leave if they are assuming care of the child

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 usually such employment rights are stated in the employee’s contract of employment.

Working hours

Normal hours of work in the contract of employment 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 N18,000.00 per month. The current National Minimum Wage is undergoing a review by the Federal Government and organized labor and there is a potential for an upward review in the near future.

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% 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 has to pay an overtime supplement of at least 40% of salary for work in excess of agreed working hours (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 one 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. 10 weeks is reserved for the father. Allowance from the government will be paid either for a period of 47 weeks at a full daily rate or 59 weeks at a reduced daily rate. 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 (those under the age of 18) and women.

Working hours

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

During Ramadan, the maximum working hours per week for Muslim employees are 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% for extra hours worked during the working day
  • 50% 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% pay, weeks 5 and 6 at 50% full pay and weeks 7 to 10 at 25% 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 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.

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 will 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 his or her rest day, the employee shall be entitled to an additional pay of 30% 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 as 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

5day 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 or miscarriage shall be paid a daily maternity benefit equivalent to 100% of her average daily salary credit for 60 days or 78 days in case of caesarean delivery.

Paternity leave

A married male employee is permitted not to report for work for 7 days but 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 wife 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 (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 (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 provides also 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 is able to specify different times for the working day to start or can let 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 can be compensated by paying an allowance (in addition to a standard remuneration) in the amount specified by the Polish Labor Code (50% or 100% of remuneration) or granting time off from work.

Wages

Statutory minimum wage whose amount is established each year – for 2019 the minimum wage amounts to PLN 2,250 – and PLN 14.70 per hour for individuals employed under a contract of mandate/a contract to provide services which are  civil law agreements.

Vacation

20 or 26 days (after 10 years) of holiday leave depending on the total years of service. The years of service include 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. Additionally, 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 his/her employer in the amount of 80% of remuneration. Starting from the 34th (15th for employees over 50) day of incapacity to work, an employee is entitled to sickness benefit paid by the Social Insurance Institution (ZUS). If an employer has at least 21 insured individuals on 30 November 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% 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 20-37 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 can apply for 32 weeks' parental leave (or 34 weeks in the case of a multiple birth). This leave can be used by both parents at the same time and can be divided into no more than 4 parts.

An employee engaged for at least 6 months is entitled to child-care 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 can be combined with employment or training by the current or another employer; parents can 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 his/her working time to no less than 1/2 of the full amount of working time within the time during which he/she 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 his 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 daily normal working period when performed on a rest day or on a public holiday, and 150 (medium-sized and large-sized companies) or 175 (small-sized companies) hours per year.

Overtime must be compensated with additional payment (increase of hourly rates). Work on normal working days = 25% increase for the first hour and 37.5% increase for additional hours; work on public holidays and on rest days = 50% 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% and 75% of the average last remuneration) for up to 3 years.

Maternity/parental leave & pay

120 to 150 days (deviations in case of multiple births) of initial parental paid leave. It can be shared between the mother and father, but the mother must take at least 6 weeks after birth. 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 (currently varies between 80% and 100% of the average last remuneration).

The father must take paid parental leave of 15 working days after birth, and subsequently may take an additional 10 working days in addition to the parental paid leave which may be shared. 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/week, and, as a rule, this is evenly distributed, so 8 hours/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/week, including overtime. No opt-out is possible; however, there are certain exceptions under which the working time may exceed 48 hours/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 to be overtime.

Overtime performed in normal working days needs to be compensated with:

  • Paid time off granted within the next 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 (on top of the monthly salary due for the respective month) of 75% of the hourly base salary for each overtime hour

Also, if overtime is performed during weekly rest periods and/or days of legal/public holiday, different (higher) compensation must be paid.

Wages

As of January 1, 2019, the minimum gross base monthly salary at national level is, as a rule, set at RON 2,080 (approximately €443) for employees working full-time hours. However, there are certain exceptions:

  • 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 RON 2,350 (approximately €500) and
  • Exceptionally, for the period between January 1, 2019 and December 31, 2019, and only for the construction sector, the minimum base monthly gross salary at national level is RON 3,000 (approximately €EUR 639) 

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.

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 (but 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% of the average salary of the employee for the last 6 months out of a 12-month representative contribution period.

Maternity/parental leave & pay

Female employees benefit from 126 days of maternity leave, which can 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 can be extended once to 15 working days if the father has undertaken a child-care 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 needs to 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, 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% of the regular hourly rate for the first 2 hours of overtime worked during one day, and at a rate of 200% 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 could be different in different regions. As of January 1, 2019 the minimum monthly earnings must be at least RUB 11,280, whilst in Moscow, the minimum monthly salary has been RUB 18,781 since January 1, 2019.

Vacation

At least 28 calendar days per year of employment.

Sick leave & pay

Employees are entitled to receive statutory sick leave compensation, which 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 will vary 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% 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 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 will be reimbursed by the Social Insurance Fund.

A person caring for a child, be it the child's mother, father, or any relative who is actually raising it, may request to take childcare leave until the child is three 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 can 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, and 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.

Overtime

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

Wages

There is no minimum wage for Saudi employees; however, in order to fulfil the Saudization requirements, a Saudi employee will be fully counted if his wage is SAR 3,000 per month or above; otherwise the employee will be counted as less than one.

Vacation

An employee is entitled to 21 days of annual leave. Salaries must be paid prior to the employee taking his or her 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% of wages for the next 60 days. The employer is not required to pay the employee after 90 days of absence.

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, Part IV EA Employees or Non-EA Employees.

Employees (as defined above). Generally, the minimum entitlements apply to EA Employees (especially Part IV EA Employees), which from April 1, 2019,  also apply to persons employed in a professional, managerial or executive position earning more than SGD 4,500 per month) given the extension of the definition of employee under the EA.

Matters such as hours of work, overtime and paid annual leave entitlements are currently statutorily prescribed for Part IV EA Employees only. From April 1, 2019 however, minimum annual leave entitlements apply to all EA Employees. 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 for these 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 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 8 hours in one day or 44 hours per week is considered overtime, for which an employee must be paid at least 1.5 times his or her 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, if an EA Employee is required to work on any public holiday, he or she 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. 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, he or she 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 his or her normal working hours.

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
  • Security sector – September 1, 2016

Since April 1, 2019, new provisions apply which permit deductions with an EA Employee's consent (although consent can be withdrawn at any time).

Vacation

A Part IV EA Employee who has worked for his or her 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 Part IV EA Employee has worked for his or her 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 Part IV EA Employee has worked in that year. This entitlement applies even if the Part IV EA Employee is still on probation. Further, every employee in Singapore is entitled to be paid for each public holiday. There are presently 11 public holidays in Singapore each year.

Sick leave & pay

An EA Employee who has worked for his or her employer for at least 3 months is entitled to paid sick leave if the EA Employee has informed or tried to inform his or her employer within 48 hours of his or her absence, and the sick leave is certified by the employer's doctor, employer-approved doctor or a government doctor (including doctors and dentists from approved public medical institutions). The number of days of sick leave is subject to the employee's service period. Where an EA Employee has worked for a period of at least 6 months, he or she is entitled to paid sick leave with a cap of 14 days where hospitalization is not required; and where hospitalization is necessary, either 60 days in a year (inclusive of the 14 days of outpatient sick leave entitlement), or 14 days plus the number of days on which the employee is hospitalized, whichever is the lower. A pro rata entitlement exists for EA Employees with more than 3 months' but less than 6 months' continuous service.

Maternity/parental leave & pay

Under the Child Development Co-Savings Act, any female employee in Singapore is entitled to maternity leave benefits if:

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

Eligible employees are entitled to 16 weeks' paid maternity leave to be used over a continuous period (mothers can start using maternity leave up to 4 weeks preceding birth). For the first and second confinements, employers must pay for the first 8 weeks, and may in certain circumstances be reimbursed by the government for the remaining 8 weeks. Subject to certain eligibility criteria, the full 16 weeks' entitlement will be government-paid; from the third confinement onwards, it is capped at SGD 10,000 per 4 weeks (including employer's CPF contributions). The foregoing applies where the mother's confinement occurs, or the estimated delivery date for her confinement is, on or after January 1, 2017.

Female EA Employees who do not qualify for maternity leave under the Child Development Co-Savings Act may be entitled to maternity benefits under the EA instead, provided the eligibility criteria is met. An EA Employee is entitled to up to a total of 12 weeks' maternity leave. Of the 12 weeks, generally, the employee will only be entitled to 8 weeks' paid maternity leave if she has less than 2 children of her own and if she has served her employer for at least 3 months before the estimated delivery date. The EA Employee must also comply with notice requirements under the EA. Failure to provide such notice without sufficient cause will entitle an employer to pay the employee only half her salary during the leave.

From January 1, 2017, working fathers (including adoptive fathers and those who are self-employed) will be entitled to 2 weeks of government-paid paternity leave for all births, which must be used within 16 weeks commencing on the date of the child's birth, provided they meet certain criteria. If needed, they can also work out an agreement with their employer to take the leave flexibly within 12 months from the birth of the child for one or more than one period, all of which in aggregate are equal in duration to twice the employee's weekly index (as prescribed within the Child Development Co-Savings Act) or 12 days (whichever is lower). Subject to certain eligibility criteria, a working father (including one who is self-employed) is entitled to share 1 week of his wife's 16 weeks of government-paid maternity leave, subject to his wife's agreement. With respect to children born on or after July 1, 2017, shared parental leave for a working father will be increased from 1 to 4 weeks, subject to his wife's agreement.

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 will be paid by the employer, and the remaining 3 days of leave will be paid by the government. Payments are capped at SGD 500 per day, including CPF contributions. An EA Employee whose child is not a Singaporean citizen will be entitled to 2 days of childcare leave.

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. Minimum break of 12 hours per day, or 14 hours per day if the employee is a juvenile employee.

Once a week, an employee must have uninterrupted rest time of two 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 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 by multiplying the relevant coefficient by the minimum hourly wage rate by 40 hours.

For monthly paid employees, the minimum wage rate is calculated by multiplying the relevant coefficient by the minimum monthly wage rate.

In 2019, the minimum hourly wage is EUR2,989 per hour. The minimum monthly wage is EUR520 per calendar month.

Vacation

4 weeks' vacation a year. 5 weeks a year in the case of 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 not regulated. However, statutory sick leave and pay provisions allow for up to 10 days of employer-paid sick leave (0-3 days - paid at 25% of the daily assessment base, 4-10 days - paid at 55% of the daily assessment base) followed by sick allowance paid by the social insurance authorities (55% 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/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 /has care of two 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/parental leave, the social insurance authority pays maternity/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. 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

Maximum 45 hours a week, subject to the exemptions identified in the BCEA (employees earning above the BCEA threshold; senior managerial employees; employees engaged as sales staff who travel to the premises of customers and who regulate their own hours of work; employees who work for less than 24 hours per month for the employer; and an employee who performs work that is required to be done without delay, owing to circumstances for which the employer could not reasonably have been expected to make provisions, and which cannot be performed by other employees within their normal working day). Rules on rest breaks, night work and rest periods between shifts apply. Agreements on compressing work weeks and averaging of work hours can 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 (10 hours per week, or 15 hours in terms of a collective agreement), but agreements on compressing work weeks and averaging of work hours can 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 1-1/2 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 provides for a minimum wage of ZAR 20 per hour. This minimum wage is ZAR 18 per hour for the farming sector.

Vacation

Minimum 3 weeks' paid annual leave as well as 12 days' statutory holidays, on full remuneration.

Sick leave & pay

All employees are statutorily entitled to paid sick leave of 6 weeks per 36-month employment cycle. Payment is based on basic wages, not full remuneration. Pro-rated leave entitlements may apply for shorter periods of employment and in the first 6 months of employment.

Maternity/parental leave & pay

Minimum of 4 consecutive months of unpaid maternity leave. Employees may claim partial remuneration through the Unemployment Insurance Fund.

No specific paternity leave provisions; however, family responsibility leave of 3 days per year (non-cumulative) can be used as paternity leave, or as contractually agreed. Unfair discrimination based on gender is, however, prohibited, with the effect that in particular circumstances, a father may be granted access to maternity leave, where failure to do so would be unfairly discriminatory. Once the Labor Laws Amendment Act comes into effect, employees will be entitled to 10 consecutive weeks' unpaid adoption leave in the event of the adoption of a child under the age of 2, 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 will be 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.

South Korea

Employees entitled to minimum employment rights

Generally all. Employees and dispatched employees 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.

Overtime

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

Wages

The Minimum Wage Act (MWA) provides for minimum wage levels. The minimum wage can be fixed on an hourly, daily, weekly or monthly basis. The hourly minimum wage rate in effect for 2019 is KRW 8,350. 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% 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 have 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 first year of employment and 15 days in the second year of employment).

Following completion of the first 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 will 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 first 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 Labour 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 3 days' paid leave, with 2 additional days of unpaid leave which can be taken at the employer's discretion, within 30 days of the child's birth.

Employees with children 8 years of age or under or in the second year or lower of elementary education have an entitlement to unpaid childcare leave of up to 1 year. 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 first 3 months of childcare leave, employees may receive 80% of their ordinary wage, up to KRW 1.5 million
  • From the fourth month of childcare leave until the end of childcare leave, employees may receive 50% of their ordinary wage, up to KRW 1.2 million

25% of the above amount is payable 6 months after the employee's return to work.

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 first day of this 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.

Spain

Employees entitled to minimum employment rights

All employees, except that employees subject to special employment regulation of senior management (Royal Decree 1382/1985) 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 the ordinary hour), 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 2018 is: €30 per day, €900 per month and €12,600 per year (dispensed 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 5 weeks' paid paternity leave. In both cases, the pay is borne by the Social Security Scheme and is equivalent to 100% of the regulatory base (that is, the employee's salary determined pursuant to a specific formula over which public benefits are calculated), except the first 2 days of paternity leave, where the cost is covered by the employer at the employee's regular salary. Employees have a right to return to work. CBAs may require the employer to improve social security benefits. In some cases, the father can 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 the employees to work overtime for up to 48 hours during a period of 4 weeks, or 50 hours during 1 month, subject to a maximum of 200 hours per year (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 (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.

Wages

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

Vacation

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

Sick leave & pay

By law, the employer pays for the first 14 days of sickness for an employee at 80% of the ordinary salary level. Thereafter, 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 who have an employee who is expected to be on sick leave for more than 60 days needs to 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.

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 the age of 18 months.

The employer is not required to pay the employee any salary during the time he or she is 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 (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 age 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

45 hours a week limit on working time 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 possible within appropriate limits, eg, in case of emergency, and generally for a maximum of 2 hours a day and 170 hours a year). 50 hours a week limit for others workers (supplementary time 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%. The employee can consent to compensation by time off. As long as overtime is not over the maximum legal duration, the employer and the employee can have a written agreement providing for other compensation (eg, at 100% instead of at 125%), 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 Neuchatel canton (minimum CHF 20.02 per hour, adapted every year to the consumer price index). In November 2017, Jura canton adopted a Cantonal Act on Minimum Wage (CHF 20 per hour), but this remains subject to a referendum and its entry into force has not been fixed yet. The Ticino canton is also in the process of adopting a Cantonal Act in that respect. 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 is paid in proportion to increasing seniority. Companies and employees can opt for a derogatory scheme (eg, loss of earning insurance providing for 80% of salary up to 720 daily indemnities).

Maternity/parental leave & pay

16 weeks' maternity leave after childbirth (14 weeks paid by the Federal insurance, and 2 additional weeks in Geneva canton). A 1-week paternity leave is common in practice, but not mandatory.

Taiwan

Employees entitled to minimum employment rights

All.

Working hours

8 hours per day and 40 hours per week, with 2 days off, on only one of which a worker may work for overtime. Depending on the industry and with approval from a labor-management conference, employers are allowed to adopt various types of flexi-time schedules. The 2-hour 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 can distribute working hours within 4 weeks, but the distribution must not go over 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 (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 sixth day in one week will be considered entirely overtime, and according to number of hours worked.

Wages

Starting January 1, 2019, the minimum wage will be TW$23,100 a month and TW$150 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 more day per year until 30 days. 12 days off for public holidays, with varying dates.

Sick leave & pay

30 days of 1/2 pay sick leave per year.

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 will also be entitled to take leave. Male employees can 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 once the employee has worked for 5 consecutive hours. 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 where 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 one 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 THB 308-330 per day, depending on the province where the work is performed (ie, THB 325 for Bangkok).  The minimum rates for skilled workers from the beginning of 2019 are up to THB 825 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 one 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 as prescribed and announced in advance by the employer.

Sick leave & pay

An employee is entitled to sick leave as many days as the employee is actually sick. The employee will be entitled to payment of his or her 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 90 days' maternity leave through May 4, 2019. From May 5, 2019, such employees will be entitled to 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 can 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.

Turkey

Employees entitled to minimum employment rights

All.

Working hours

45 hours a week limit on working time and 11 hours daily.

Overtime

Overtime work is any work performed beyond 45 hours in a week. Employee's 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 TRY 2,558.40 for 2019.

Vacation

14 days' leave for 1 to 5 years (including 5th year) of employment; 20 days' leave for more than 5 but less than 15 years of employment; 26 days' 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 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 the 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 (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 can be deducted from the wage paid to a salaried employee paid 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 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 demand 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.

As per recent changes to the Labor Law, employees will 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 can 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 can be made either by the mother or father, but such leave may be used by only one 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

48 hour a week limit on working time. Employer may agree with 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 will be 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

Under the Minimum Wages Act the Minister in charge of Labour appoints a minimum wage board whenever he or she considers that it may be desirable to fix a minimum wage in a given sector. Additionally an employer and employee can negotiate a minimum wage subject to ministerial approval. Where no agreement is reached any interested party may refer the matter to the Industrial Court which shall determine the minimum wage applicable.

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 up to 2 months, 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 which he/she is entitled to 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 (5 working days per week, 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 can be calculated not on a weekly basis but based on another period (month, half a year, etc.). In such cases, the working hours would be considered as 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, underage employees, etc.), the maximum number of working hours per week is less than 40 hours.

Some categories of employees (eg, pregnant women, women who have children under 14 years old, etc.) 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/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 defence, prevention of natural or civil disasters, industrial accidents and 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 work continuation, if the employee who starts his/her 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 his or her shift 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, employees under 18, etc.) or may only be engaged in overtime work with their consent (eg, women who have children of theage from 3 to 14 years old, disabled individuals etc.).

 

Wages

Statutory minimum wages are established by law on a yearly basis. As of January 1, 2018, the minimum wage is approximately US$130 (UAH 3,723 ) per month for full-time employment or US$0.83 (UAH 22.41) per hour.

Vacation

The general statutory minimum annual vacation is 24 calendar days. Special categories of employees (eg, employees under 18 years old, some categories of disabled individuals, etc.) and/or employees working under specific positions/regimes/conditions of work (eg, employees working under non-standard working hours regime, etc.) are entitled to additional vacation days. There are additional statutory paid and non-paid social vacation days. For instance, women who have two or more children under 15 years old or have a disabled child 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

Employees are entitled to 5 days of paid sick leave. After 5 days of sick leave (compensated by the employer), compensation for the leave is made by the State Social Insurance Fund (by transfer of the compensation to the employer's special bank account). Normally, sick leave is granted for the period necessary for full recovery, and employers generally cannot dismiss employees during the sick leave period.

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 entitled to a maternity leave of 126 calendar days (70 calendar days prior to childbirth and 56 afterwards) generally, or 140 calendar days (70 calendar days prior to childbirth and 70 afterwards) in the case of the birth of two or more children or complications in childbirth. The amount of compensation depends on the employee's salary as well as continuity of her 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 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 can 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/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 (those aged 15 to 18) and women.

Working hours

8 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 to be paid to employees in the UAE save in respect of Emirati employees where a fairly low minimum threshold of AED 5,000 per month applies for employees (degree holders) to count for Emiratisation purposes.

Vacation

2 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.

There is no concept of parental leave or pay in the UAE.

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

  Rate as of April 2018 (£) Rate as of April 2019 (£)
25 years old or over 7.83 8.21
21 - 24 years old 7.38 7.70
18 - 20 years old 5.90 6.15
16 -17 years old 4.20 4.35
Apprentices 3.70 3.90

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 £92.05 per week (£94.25 as of April 2019) (generally funded by the employer).

Maternity/parental leave & pay

52 weeks of maternity leave, paid for 39 weeks (90% of pay for first 6 weeks, then statutory rate), and right to return to work. 2 weeks of paternity leave at birth (paid at statutory rate subject to eligibility requirements). New parents can 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 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 US$455/week (US$23,660 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; 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, 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 one day off each week.

Overtime

Generally, non-exempt employees must be paid at 1.5 times their regular rate of pay for all hours worked in excess of 40 hours per week. 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 US$7.25 per hour. Some states and cities have higher minimum wage requirements, such as California US$11.00 per hour, with scheduled annual increases up to US$15.00 per hour by 2022 or 2023, depending the size of the employer) and New York (ranging from US$11.10 to US$15.00 per hour, with incremental raises to US$12.50 or US$15.00 per hour by 2019, 2020 or 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 will 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 have to 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 his/her 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. Certain states and local jurisdictions (including New York City) have imposed more generous leave requirements, and may require additional benefits like paid sick leave. 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).

Maternity/parental leave & pay

There is no federally mandated right to paid maternity/parental leave. Under the FMLA, employers with 50 or more workers generally have to 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. 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.

Venezuela

Employees entitled to minimum employment rights

All of them.

Working hours

In general, the maximum number of working hours without overtime pay for a day shift is 8 hours per day and 40 hours per week. In the case of a mixed shift, the limit is 7.5 hours per day and 37.5 per week. For night shift work the limit is 7 hours per day and 35 hours per week. When a mixed shift has 4 or more night hours (between 7:00 p.m. and 5:00 a.m.), it is deemed entirely as a night shift.

Upper management employees, as well as inspection or supervisory employees, may exceed the daily or weekly limits, as long as:

  • The workday does not exceed 11 hours
  • The total hours worked in a period of 8 weeks do not exceed an average of 40 hours per week
  • The employee is entitled to 2 continuous days of paid rest per week

Overtime

Overtime must be paid with a surcharge of at least 50% over the normal salary value for the corresponding ordinary shift. An employer may not require its workers to work more than 10 hours overtime per week or more than 100 hours overtime per year.

Wages

Venezuela has minimum wages periodically adjusted by the government. As of September 1, 2018, the legal gazette established the minimum wages in Venezuela for employees in the private and public sector as VES 1,800.00 per month; and for adolescents and apprentices, the minimum wage is VES 1,350.00 per month. In January 2019, President Maduro announced an increase in the minimum wage to VES 18.0000. Although the increase was not published in the official gazette (so is not in force) most employers in Venezuela are paying at least VES 18.0000 to their employees.

Vacation

Employees are entitled to 15 working days of paid vacation up to completion of 1 continuous year of service, plus 1 additional working day for each subsequent year of service, up to a maximum of 30 working days per year.

In addition, employees are entitled to receive, during vacation, an additional vacation bonus equivalent to 15 days of salary, plus 1 additional day's salary for each subsequent continuous year, up to a maximum of 30 days of salary per year of salary.

Sick leave & pay

The employer must pay salary only for the first 3 days of sickness; after this period the employee will receive an indemnity from the social security in lieu of salary.

Maternity/parental leave & pay

Women are entitled to maternity leave of 6 weeks prior to giving birth and 20 weeks thereafter. In the event that pre-natal leave is not fully used, the remaining portion is added to the post-natal leave. If a female employee adopts a child under 3 years of age, she is entitled to a maternity leave of 26 weeks. There is no obligation for the employer to pay the employee during these periods of leave, but some employers do so to a certain extent in accordance with their internal policies, and the employee receives an indemnity from the social security authorities.

The father of a child (or any male employee in case of adoption or family placement of a child under 3 years of age) is entitled to paternity leave of 14 days, which is extended by another 14 days if the child is seriously ill or the mother's health is in danger due to health complications. In cases of multiple births, paternity leave will last 21 days, and if the child's mother dies, paternity leave will last 12 weeks. These periods of leave are paid by the social security system.

Female employees are also granted the right to nurse for a maximum of 2 years after the birth of the child, specifically:

  • if within the workplace there is a nursing school or nursing ward, female workers will have a 30 minute break twice a day to nurse their child
  • if there is no area designated within the workplace to nurse their children, female employees will have a 90 minute break twice a day for that purpose.

The total extent of the nursing entitlement will depend on a monthly certificate issued by a medical institution noting that the female employee is still nursing her child.

Vietnam

Employees entitled to minimum employment rights

All.

Working hours

The maximum number of working hours is 8 hours per day and 48 hours per week.

Overtime

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

  • The employee agrees
  • The overtime hours do not exceed 50% of the normal working hours in 1 day
  • 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, 30 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 his or her current work as follows:

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

Any employee working at night shall be paid an additional minimum 30% of the wage calculated at the wage unit price or wage for such work conducted during a normal day time.

Wages

An employee's wage must not be lower than the minimum regional wage provided by the government. The current minimum wage ranges from VND 2,920,000 per month (approximately US$126) to VND 4,180,000 per month (approximately US$180) depending on the location. From July 1, 2019, the basic monthly salary (also known as general minimum salary) will be VND 1,490,000 (approximately US$64).

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 for employees working in heavy, toxic or dangerous jobs, and for employees in places with harsh living conditions as defined in the list issued by the MOLISA, and for employees who are minors or disabled persons
  • 16 working days for employees working in extremely heavy, toxic or dangerous jobs, and for employees in places with especially harsh living conditions 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 on 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% 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)
  • 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, or more than half the duration of the contract in the case of a seasonal or specific job contract with a duration of less than 12 months.

Maternity/parental leave & pay

Women are entitled to maternity leave of 6 months. 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 second child. An employee adopting an infant child is entitled to maternity leave until the child is 6 months old.

A male employee paying social insurance premiums whose wife gave birth to a child is entitled to paternity leave of 5-14 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% of her 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. This monthly allowance is capped at 20 times the basic monthly salary. Female employees giving 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.