WORKING TIME AND HOLIDAYS WITH PAY Flashcards
“What are the functions of time in the employment contract?
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“1) it is the main yardstick to assess the fulfilment of the work
obligation (duty to work);
2) it constitutes a parameter by which to establish the
remuneration to which the employee is entitled;
3) work schedule is essential to determine resting times (leisure or
non-working time), i.e. time to dedicate to activities other than
work;
4) work schedule protects the health and safety of the employee, as
well as that of other workers and any others on whom the
consequences of his or her actions may fall.”
What does article 2 of the Hours of Work (Industry) Convention, 1919 say ?
“Article 2: ““The working hours of persons employed in any public or private
industrial undertaking or in any branch thereof, other than an undertaking in
which only members of the same family are employed, shall not exceed eight
in the day and forty-eight in the week…”
What are some exceptions to the working time limit stablished in article 2 of the hours of work convention (1919) ?
“(a) the provisions of this Convention shall not apply to persons holding positions of
supervision or management, nor to persons employed in a confidential capacity;
(b) where by law, custom, or agreement between employers’ and workers’ organisations,
or, where no such organisations exist, between employers’ and workers’
representatives, the hours of work on one or more days of the week are less than
eight, the limit of eight hours may be exceeded on the remaining days of the week
by the sanction of the competent public authority, or by agreement between such
organisations or representatives; provided, however, that in no case under the
provisions of this paragraph shall the daily limit of eight hours be exceeded by more than
one hour;
(c) where persons are employed in shifts it shall be permissible to employ persons in
excess of eight hours in any one day and forty-eight hours in any one week, if the
average number of hours over a period of three weeks or less does not exceed eight
per day and forty-eight per week”””
“Under what conditions can the working hours exceed the prescribed limits according to Article 3 of the hours of work convention (1919)?
”
“It can be exceeded in case of accident, urgent work, or force majeure, but only to the extent necessary to avoid serious interference with the ordinary working of the undertaking.
“
what does the hours of work convention (1919) say about overtime?
“› Article 6: the maximum amount of overtime and the related pay increase
(not less than one and one-quarter times the regular rate) is left to the laws
of each Member State, which must consult workers’ and employers’
organisations in advance;”
What does the hours of work(1919) convention say about daily rest?
“—› Convention No. 1/1919 says nothing about daily rest…
——› considering the limit of eight hours of work per day, one might think
that the daily rest period is sixteen hours (24 - 8 = 16);
———› but both multi-period working time and overtime work are allowed: in
the absence of a clear provision, it is difficult to determine the amount of hours
of daily rest;”
“What is the principle stated in Article 8 of the hours of work convention (1919) regarding employers’ duties?
”
“Employers are required to notify working hours, rest intervals, and keep records of additional hours worked in accordance with the convention.
“
“What is the scope of application of the Night Work Convention, 1990 (No. 171)?
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“The Night Work Convention, 1990 (No. 171), applies to all employed persons except those in agriculture, stock raising, fishing, maritime transport, and inland navigation, with the possibility for Member States to exclude certain categories of workers in consultation with representative organizations.
“
“How is night work defined in the context of the Night Work Convention, 1990 (No. 171)?
”
Night work is defined as all work performed during a period of not less than seven consecutive hours, including the interval from midnight to 5 a.m., with the specific duration determined by the competent authority after consulting representative organizations of employers and workers or through collective agreements.
“What rights do night workers have concerning health assessments and advice, according to the Night Work Convention, 1990 (No. 171)?
”
“Night workers have the right to undergo a health assessment without charge and receive advice on how to reduce or avoid health problems associated with their work. This includes assessments before starting night work, at regular intervals during the assignment, and when experiencing health problems related to night work.
“
“How are night workers protected in case of temporary unfitness for night work, as per the Night Work Convention, 1990 (No. 171)?
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“Night workers certified as temporarily unfit for night work are given the same protection against dismissal or notice of dismissal as other workers who are unable to work for health reasons.
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“What compensation is provided for night workers under the Night Work Convention, 1990 (No. 171)?
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“Compensation for night workers, in the form of working time, pay, or similar benefits, shall recognize the nature of night work according to Article 8 of the Convention.
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“According to Paragraph 22 of the Part-Time Work Recommendation, what information should be disseminated regarding part-time work?
”
“Information should be disseminated on the protective measures that apply to part-time work and on practical arrangements for various part-time work schemes.
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“How should the number and scheduling of hours of work for part-time workers be determined, as mentioned in Paragraph 12 of the part time work reccomednation?
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“The number and scheduling of hours of work for part-time workers should be established taking into account the interests of the worker as well as the needs of the establishment. Changes in the agreed work schedule and work beyond scheduled hours should be subject to restrictions and prior notice, with the system of compensation subject to negotiations in accordance with national law and practice.
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“What aspects related to social security, social services, and welfare facilities are covered in the Part-Time Work Recommendation? (Refer to Paragraphs 6, 7, 9, 11, 16)
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“The Part-Time Work Recommendation addresses social security, social services, and welfare facilities in Paragraphs 6, 7, 9, 11, and 16.
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