Question:
I have been working in a private company for two years. I want to know how to calculate overtime allowance and also work on vacation days? Do I have the legal right to refuse working overtime? Does my employer have the right to prevent me from taking my annual leave for more than one year? Please advise.
Answer:
I would advise that:
According to Article 19 of the Labour Law, "If the work conditions necessitate that the worker works for more than the normal working hours, the excess period shall represent overtime, for which the worker shall receive a wage equal to the wage corresponding to the normal working hours, which is calculated according to the basic wage plus an increase of not less than (25%) twenty five per cent of that wage."
"If the work conditions require that the worker works overtime between 10 pm and 4 am, the hours shall be calculated according to the basic wage plus an increase of not less than (50%) fifty per cent of that wage."
The workers working based on shifts shall be excluded from this clause. If the circumstances require that the worker works on the weekend specified in the employment contract or work regulation, he shall be compensated with another day off or he shall be paid the wage of that day according to the wage established for normal working days, plus an increase of not less than (50%) fifty per cent of the basic wage for that day.
As a rule, the employer may instruct the worker to work overtime over the normal working hours, provided that they do not exceed two hours per day. The worker may not be instructed to work for more than that period, except in accordance with the conditions and rules specified by the Implementing Regulation.
In all cases, the total working hours shall not exceed (144) one hundred and forty four hours every (3) three weeks. A worker also shall not be instructed to work for more than two consecutive weekend days, except for day workers.
As per Article 29 of the Labour Law, the employer may not prevent the worker from benefiting from his annual leave accrued for more than two years, unless the worker wishes to carry it forward or receive a cash allowance for it, in accordance with the regulations in force at the establishment and the Implementing Regulation.
