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40 HOUR LAW

40 HOUR LAW

LABOR DIRECTORATE CLARIFIES ASPECTS OF THE REDUCTION TO 44 HOURS

RECENTLY, THE LABOR DIRECTORATE ISSUED TWO RULINGS, CLARIFYING ASPECTS ON THE WAY IN WHICH THE REDUCTION OF THE WORKING DAY FROM 45 TO 44 HOURS SHOULD BE CARRIED OUT: 
  1. If there is no agreement between the worker and the employer on how the schedule will be adjusted to the weekly limit of 44 hours, the employer may determine it unilaterally. However, in order to understand that there is no agreement, it is necessary that the employer has sent a formal proposal for the new schedule. 
  2. In the absence of agreement, the reduction cannot be made by extending the lunch break, and must be made at the end according to the number of days in which the workday is distributed: i) If it is distributed in 5 days, it must be reduced by one full hour (without fraction) in one day; ii) If it is distributed in 6 days, it must be reduced by at least 50 minutes in one day of the weekly workday and the fraction of 10 minutes in another day of the same week. 
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