This regulation seeks to reduce the extension of the working day from 45 hours to 40 hours per week, through a progressive application, restricting the exclusion of the working day of Article 22, paragraph 2, of the Labor Code only for those who perform senior management tasks and for those who are not subject to superior supervision in accordance with the nature of their functions. In addition, this law grants a new right to workers who have children under 12 years of age in their care, since it allows them to adjust their working hours, either by bringing forward or delaying their arrival time by one hour, altering of course their departure time.
On the other hand, it is incorporated that the total hours worked by the worker through ordinary working hours together with his/her overtime, may not exceed fifty-two hours per week, as well as the possibility of compensating overtime for up to five additional holidays, since the main purpose of this labor law is to improve the quality of life of workers by means of a balance between work and personal life.
On the other hand, it establishes exceptional systems of extended hours, whose maximum average weekly hours do not exceed forty-two hours on average, in these cases, the worker will have the right to additional annual rest days corresponding to the average difference that exceeds 40 hours per week, without prejudice to the foregoing, by mutual agreement, the parties may agree that these may be compensated in money.
Now, as indicated at the beginning, the application of this law has a deferred application since its publication, the first year the working hours will be reduced to forty-four hours, the third year will be reduced to forty-two hours, finally, the fifth year the extension of the working day will be forty hours. These reductions will be understood to be incorporated in the individual contracts and internal regulations by the sole authority of the law.
BENEFITS
Companies classified as smaller under Law 20,416 that implement the reduction of the working day established in advance of the gradual implementation mentioned in the preceding paragraph will receive additional points in the evaluation of applications for instruments and programs offered by the Production Development Corporation, the Technical Cooperation Service and the National Training and Employment Service.