Inspectorate of Labor
The labor division of the Inspectorate would like to bring the following information to your attention. Our statistics have indicated that in addition to non-compliance to the LAV, non-compliance with the Labor regulations has become one of the most common violations.The lack of visible work schedules and overtime registration play a major role in this. The amount of anonymous complaints pertaining to non-compliance with Labor Regulation that is filed at the Inspectorate has also increased. The persons making these complaints clearly state that they wish to remain anonymous for fear of reprisals.
In the context of "decent work" and "putting the people first" it is important to inform all stakeholders about the rules and the consequences in case of non-compliance with the Labor Regulation.
The LABOUR REGULATION.(AB 2013 GT no. 356)
The Labor regulation provides rules with regard to: the working hours, periods of rest, labor in full-continuous shift, overtime, child labor, dangerous labor and labor by (live in) domestic personnel.
With the introduction of the Labor regulation on August 1st 2000, a distinction was made between non-schedule workers(non-schedule work) and schedule workers (schedule work). There are different rules for both groups with regard to working hours, timetables etc.
- None-schedule workers
Non-schedule workers are employees with a regular five/six day (on average not exceeding) 40 hours working week.
Non-Schedule work:
Labor, not being overtime, performed during regular office hours:
- Between 07:00-20:00 hrs;
- On the two-day parts (whether or not continuous) for example: all Saturday or only Saturday morning and Monday morning;
- Not on Sundays;
- Not on holidays.
Working hours non-schedule worker:
Working hours up to a maximum of 10 hours per day and a maximum of 40 hours per week, calculated over a period of four weeks. (art. 8 para 1)
Working hours including overtime may be no more than 11 hours per day and 50 hours per week, calculated over a period of four weeks.
Non-Schedule Worker Overtime Compensation
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All Sectors |
Special Sectors |
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Hospitality |
Domestic Personnel |
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Art 15 para1: The employee receives per hour for overtime perfpormed on top of the hourwage applicable to him a bonus not less than 50% of his hourly wage |
Wage+ 50%=150% |
Wage + 50%=150% |
Special rules apply (art.25 para 1 sub f) Wage + 50%=150% |
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Art. 15 para 2a: The employee receives per hour for overtime performed during hours of rest not less than 25% of his hourly rate (art9 1st para, sub c) |
Wage+50%+25%=175% |
May revert to the regular overtime percentage (art. 15 para 1) |
Special rules apply (art. 25 para 1 sub f) Wage +50%-150% |
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Art. 15 para 2b: The employee receives per hour for overtime performed on his day of rest not less than 50% of his hourly wage (art.9, 1st para, sub b) |
Wage+50%+50%=200% |
Special rules may apply (art 2 para 1 sub L, Labor decree hospitality industry) Wage+50%+50%=200% |
Special rules apply (art.25 para 1 sub g) Labor performed on a day of rest will be awarded with a bonus of 100% Wage+100%=200% |
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Art.15 para 2c: The employee receives per hour for overtime performed on a holiday not less than 100%of his hourly wage |
Wage+50%+100%=250% |
Special rules apply Art.2 para 1 sub L Labor decree hospitality industry wage+50%+50%=200% |
Special rules apply (art.25 para 1 sub g) Labor performed on a holiday will be awarded with a bonus of 100% Wage +100%=200% |
None-Schedule Worker Wage On Holidays Compensation
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All Sectors |
Special Sectors |
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Hospitality |
Domestic Staff |
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Art. 22 para 1: If an employee works on a holiday, he’s entitled to no less than the wage he would have earned on that day during the normal time of labor, if that day was not a holiday |
Application of: not less than the normal wage.= 100% |
Application of: not less than the normal wage =100% |
Application of: not less than the normal wage + 100% |
2. Schedule workers
Schedule workers are employees on a five/six day (on average max) 45 hour working week where labor may be performed on different hours (outside regular office hours) Schedule workers provide continuous services example. Air traffic control, police, fire, ambulance, Hotel, catering industry, casino's etc.
Schedule work:
- Labor not being overtime, performed, according to a periodical time table on different hours and where as a result the working time falls wholly or partially witin the hours of rest (art. 2 para 2 sub e Labor regulation 2000) as specified in art. 9, first paragraph.
- Labor performed, according to a periodical timetable were as a result the working tie falls wholly or partially:
- Before 07:00 and after 20:00;
- On Sundays or days replacing Sunday;
- On public holidays.
Working hours schedule worker:
Working hours up to a maximum of 10 hours per day and an average of a maximum of 45 hours per week, calculated over a period of four weeks (art.8 para 2)
Working hours including overtime may be no more than 11 hours per day and 55 hours per week calculated over a period of four weeks.
Schedule Worker For Overtime Compensation
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All Sectors |
Special Sectors |
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Hospitality |
Domestic Personnel |
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Art.15 para 1: The employee receives per hour, on top of the hourly wage that is applicable in his case, an overtime bonus of 0% or more of his hourly wage in compensation |
Wage+50%=150% |
Wage+50%=150% |
Special rules apply (art.25 para 1 sub f) Wage+50%=150% |
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Art.15 para 3a: The employee receives per hour, on top of the hourly wage not less than 25% in case overtime is performed during the period of rest as indicated in art.9 s=2nd para, sub c |
Wage+50%+25%=175% |
May revert to the regular overtime percentage. (art.15 para 1) |
May revert to the regular overtime percentage. (art.15 para 1) |
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Art.15 para 3b: The employee receives per hour, on top of the hourly wage not less than 25%in case overtime is performed on the same day as the one during which labor is performed in nghtshifts |
Wage+50%+25%=175% |
May revert to the regular overtime percentage. (art.15 para 1) |
May revert to the regular overtime percentage (art.25 para 1 subf) Wage+50%=150% |
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Art.15 para 3c: The employee receives per hour, on top of the hourly wage not less than 50% if overtime is performed on the day of rest according to his work schedule |
Wage+50%+50%=200% |
Special rules apply: (art.2 para 1 sub o Labor decree hospitality industry) Wage+50%=50%=200% |
Special rules apply: (art.25 para 1 sub g) Labor performed on a day of rest will rewarded 100% bonus Wage+100%=200% |
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Art.15 para 3d: The employee receives per hour, on top of the hourly wage not less than 100% of his hourly wage, if overtime is performed on a holiday |
Wage+50%+100%=250% |
Special rules apply: (art.2 para 1 sub o Labor decree hospitality industry) Wage+50%=50%=200% |
Special rules apply: (art.2 para 1 sub o Labor decree hospitality industry) Wage+50%=50%=200% |
Schedule Worker Wage On Holidays Compensation
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All Sectors |
Special Sectors |
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Hospitality |
Domestic Personnel |
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Art.22 para2: If an employee actually performs scheduled work on a holiday, he’s entitled to not less than double wage he would have earned on that day during the normal time of labor, if that day was not a holiday |
Application of: not less than double wages = 200% |
Application of: not less than double wages = 200% |
Application of: not less than double wages = 200% |
Overtime register
The employer is obliged to keep an overtime register and to submit this upon request. The register only has to cover one year in retrospect.
The register gives:
- The names of the employees;
- The date on which overtime was performed;
- The duration of the overtime performed per employee;
- The compensation.
