Some workers may be exempt from fixed working hours, as outlined by the Labor Conditions Authority (ACT). This can be established through a written agreement when the worker falls into one of the following categories:
- Holding positions of administration, management, trust, supervision, or supporting these roles;
- Remote work and other regular activities conducted outside the workplace without immediate supervision;
- Performing preparatory or complementary tasks that, by nature, can only be done outside regular working hours.
Additionally, other situations allowing for exemption from fixed working hours may be provided through a Collective Labor Regulation Instrument (IRCT), according to the ACT in their frequently asked questions on their official website.
What are the types of working hours exemptions?
The ACT further outlines that the exemption from working hours can be categorized in the following ways:
- The exempt employee is not subject to the maximum limits of normal work periods;
- The exemption allows for extended working hours on a daily or weekly basis;
- Exemption with adherence to agreed normal working periods.
Moreover, if the employer and employee do not specify the exemption type, the regime without adherence to the maximum limits of normal work periods applies.
Attention to rest periods
It is crucial to know that “employees must observe a rest period between consecutive work shifts to allow for recovery (at least 11 hours)“.
However, “this rule does not apply to an employee in a position of administration, management, or with autonomous decision-making power, exempt from fixed working hours, and in other situations outlined in article 214, no. 2 of the Labor Code”.
Nonetheless, an “exempt employee does not lose the right to obligatory weekly rest days, additional rest days or half-days, obligatory holidays, nor the daily rest between work shifts (minimum of 11 hours), unless falling within the circumstances in article 214, no. 2 of the Labor Code“.
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Does working hours exemption entitle an employee to special remuneration?
The ACT clarifies that the “exempt employee is entitled to specific remuneration set by the applicable Collective Labor Regulation Instrument, or in its absence, special remuneration, which should not be less than the payment for one hour of overtime per day or, for the exemption with adherence to normal working periods, two hours of overtime per week”.
Additionally, an “employee holding administrative or management functions in the company may waive the remuneration for working hours exemption“.
