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LABOR
LAW:
Introduction
The
labor laws, which were originally enacted in 1946,
are intended to protect the rights of the employee
and that of the employer. In 1963, a Social
Security law came into effect, which
includes provisions for social benefits such as
end-service compensation, family allowance,
sickness and maternity benefits, and compensation
for work –related accidents. The legal framework
also provided for Labor Arbitration Council, a
judicial committee that resolves disputes between
employers and employees.
WORKING HOURS
All
employees, regardless of age or gender, are
subject to the work hour guidelines set by the
labor law. An employer
may demand a maximum of 48 regular hours per week
from his employees. This applies to all
business except agriculture, which is recognized
to have more irregular hours and seasonal work.
Under special circumstances, employers are
permitted to add extra hours to an employee’s
regular shift, a restaurant or café for instance,
but this requires a permit from the Ministry of
Labor. The law also requires employers who retain
workers in difficult or physically demanding jobs
to set the workers’ regular hours at less than
48 hours per week.
A normal working day should be eight hours.
However, if the work is not damaging to one’s
health, it can be as much as 12 hours A DAY. Every
company should note its fixed schedule of hours in
writing and display it in an area where all
employees can see it, i.e. in the lunch or break
room. An employer is required to give his male
employees a one hour break if they work six
consecutive hours per day. Female employees must
be given a one hour break if they work five
consecutive hours per day. Should an employer find
it necessary to have his employees work overtime,
the Ministry of Labor should be informed the day
before and the employee should be compensated at a
rate of 50 percent
more than their regular hourly salary for each
additional hour worked. Employees must be given
nine consecutive hours off between working days.
For a six-day working week, the ‘weekend’
break must be 36 consecutive hours without work.
It is up t o the employer to set the days that it
will fall on.
ANNUAL LEAVE
Full
time employees are entitled to 15
days paid vacation at the end of their
first year of employment. The employee should
inform the employer of when he wants to take leave
but it is up to the employer‘s discretion to
approve the request. If the employer to take the
leave at another mutually convenient time. When an
employee is on vacation, the employer cannot issue
a warning against or fire the employee. The
employee can cumulate two annual leaves.
HOLIDAYS
There
is two compulsory
public holidays on which all employers must
give their employees holiday with pay: Labor Day
(May 1) and Independence Day (November 22). In
addition, there are 13 other government recognized
holidays during which all public offices and most
businesses are closed.
SICK LEAVE
After
an employee has been with employer for more than
three months, he is entitled to a half
month paid sick leave. Should an employee
become very ill or require a long convalescence
from surgery or illness, the employer is required
to provide paid sick leave in accordance with the
employee’s number of years of service.
An
employer has the right to request a doctor of
his/her own choice to examine an employee seeking
extended medical leave.
If
an employee’s sick leave exceeds their entitled
annual amount, then the employer has the right to
deduct the extra days from the employee’s annual
leave. When an employee is out on sick leave, an
employer is forbidden from issuing a warning to or
firing him.
BEREAVEMENT LEAVE
In
addition to annual and sick leave, an employer is
required to provide his employees with two
days bereavement leave, to be used upon the
death of close family members, including
grandparents.
FIRING
The
employer and the employee can mutually agree to
break a written work contract at any time, then
there is no payment for damages or entitlements.
However, in situation where one party breaks the
contact, the injured
party is entitled to seek compensation. If
the employee believes that he was fired without
just cause and is the injured party, he may seek
compensation based on the type of work he
performed, his age, length of service with the
company, marital status, health and how unfair the
decision was. Compensation
should not be less than two and not more than 12
months salary, plus any legal compensation
the employee may be entitled to depending on the
circumstances of his case.
Should
an employee quit for no legal reason, or should he
cause his employer embarrassment or hardship by
quitting, then the employer is entitled to seek
compensation from the employee. The amount of the
compensation is between one and four months of the
employee’s salary plus the amount that would
have been paid to the employee had he given his
employer the required notice.
Once
an employee is fired or gives notice that he is
quitting, the law allows him one
hour each business day to look for new work.
The employer also cannot fire an employee who is
on holiday or sick leave, unless during that time
the employer discovers that the employee is
working elsewhere. If an employer fires a
pregnant, sick or vacationing employee, then he
must compensate them by paying the salary for the
days during which he had no legal right to fire
the worker (i.e. the vacation days) plus an
additional amount for the salary of the notice
period.
MISCONDUCT
In
situation where either party breaks the work
contract for reasons of misconduct, the party
seeking compensation must file a lawsuit no later
one month after the violation occurred. It is then
up to the court to decide whether compensation
should be paid.
Firing
an employee is considered misconduct or abuse of
power if the action is based on an unjust or
personal reason. For example, it is abuse of power
if an employer fires an employee who refuses to
join a union or association in order to hire
another who is amenable to the employer’s
request and will vote for the employer in a
company or union election.
NOTICE
If
either the employee wants to quit or the employer
wants to fire a worker, both
parties are required to give the other a written
one-month notice
if the work contract has been in effect for less
than three years. In cases of three to six years
of service, two months
written notice is required, for six to 12 years of
service, three months
written notice is required, and in situation where
the employee has worked more than 12 years, four
months written notice is required. The
notice must clearly state the reasons for breaking
the work contract. The party who breaks the
contract is responsible for paying compensation in
situation where it is necessary. However, three is
no financial penalty if either party wants to
terminate a contract during the probationary
period.
FINANCIAL HARDSHIP
An
employer is allowed to end commercial contracts
with his employees if he has a significant reason, such as financial difficulties. However, the
Ministry of Labor must be informed of the move at
least one month prior to the employees being
released. In addition, should the company’s
financial picture improve within one year, the
employer is legally obligated to offer to rehire
the employees he let go before hiring new staff.
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