6. FORMULARIO 1. HOGARES URBANOS
6.7. MODULO 7 – UNIDAD DE PRODUCCIÓN AGROPECUARIA – UPA
6.7.1. CAPÍTULO I. TIERRAS
6.7.1.1. CAPÍTULO I. A. TENENCIA DE TIERRAS
(1) An employer shall be obliged to provide an employee whose work shift is longer than six hours with a break for rest and eating for duration of 30 minutes. An employer shall be obliged to provide an adolescent employee whose work shift is longer than 4.5 hours
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with a break for rest and eating for duration of 30 minutes. Concerning work that may not be interrupted, an employee must be secured, without discontinuing operation or work, adequate time for rest and eating.
(2) An employer shall agree with employees‟ representatives more detailed conditions for providing breaks for rest and eating, including its extension.
(3) The employer shall be obliged to announce such breaks for rest and eating to employees, in the manner stipulated in § 90.
(4) Breaks for rest and eating shall not be provided at the beginning and end of shifts. (5) Breaks for rest and eating shall not be calculated in working time.
(6) This shall not apply in case of breaks provided for securing safety and health of employees at work, which shall be calculated in working time.
§ 92
Continuous daily rest
(1) An employer shall be obliged to arrange working time in such a way that, between the end of one shift and beginning of another shift, an employee has the minimum rest of duration of 12 consecutive hours within 24 hours, and an adolescent employee, at least 14 consecutive hours within 24 hours.
(2) Such rest period may be reduced to eight hours for an employee older than 18 years of age in continuous operations and with work batches when performing urgent agricultural work, when performing urgent repair work concerning the averting of a threat endangering the lives or health of employees and in case of extraordinary events. If an employer shortens the minimum rest period, he/she is obliged to provide additionally the employee with continuous equivalent rest as compensation within 30 days.
(3) An employee who has returned from a business trip after 24:00 hours shall be granted time for necessary rest to the scope of eight hours from completion of the business trip until taking up work, and where such period falls within the working time of the employee, he/she shall also be granted wage compensation in the amount of his/her average earnings.
§ 93
Continuous weekly rest
(1) An employer shall be obliged to arrange working time in such a way that an employee has two consecutive days of continuous rest once per week, which must fall on Saturday and Sunday or on Sunday and Monday.
(2) Where the nature of work and conditions of operation do not allow to schedule working time of an employee over 18 years of age pursuant to paragraph (1), two
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consecutive days of continuous rest in the week shall be granted on other days of the week.
(3) If character of work and operation conditions do not allow to schedule working time in accordance with Paragraphs 1 and 2, the employer may, after agreement with the employees‟ representatives or, if there are no employees‟ representatives in the workplace, after agreement with the employee, schedule an employee aged over 18 years at least 24 hours of continuous rest, which should be on Sunday, provided that the employer provides the employee with alternative continuous rest in the week within eight months of the date when continuous rest should have been provided during the week. (4) If the character of the work and the operational conditions do not permit the scheduling of working time in accordance with paragraphs (1) to (3) and the employee is over 18 years of age, the employer may schedule working time so that the employee has at least 35 hours of continuous rest once a week; such continuous rest shall fall on a Sunday and a part of either the day preceding or following the Sunday; such a schedule shall be agreed with employee representatives or, if there are no employee representatives in the workplace, agreed with the employee.
(5) If the character of work and operational conditions do not permit the scheduling of working time in accordance with paragraphs (1) to (3), an employer may schedule work for an employee aged over 18 years of age so that the employee has once every two weeks the weekly 24 hours of continuous rest that should be on Sunday provided that the employer subsequently provides the employee alternative continuous rest during the week within four months of the date when continuous rest in the week should have been provided.
Rest days § 94
(1) Rest days are days on which continuous rest of an employee falls in the week, and holidays.
(2) Work on rest days may only be charged exceptionally and upon prior negotiation with employees‟ representatives.
(3) On a day of continuous rest in the week, an employee may only be charged the following necessary work that cannot be performed on working days:
a) urgent repair work,
b) loading and unloading work,
c) stock-taking and closing of accounts work,
d) work performed in continuous operations for an employee who failed to take up his/her shift,
e) work for averting threat endangering life or health, or in case of extraordinary events, f) imperative work with regard to satisfying the living, health and cultural needs of the population,
60 g) feeding and care of agricultural animals,
h) imperative work in agriculture crop production with planting, cultivating and harvesting of crops and in the processing of foodstuff raw materials.
(4) On a public holiday, it shall be possible to charge an employee with such work only which may be charged on days of continuous rest in the week, work in continuous operations and work necessary for guarding the premises of the employer.
(5) On the days 1 January, Easter Day, 24 December after 12:00 and 25 December, an employer may not order or agree that an employee shall perform work involving the sale of goods to end consumers or related work (hereinafter referred to as “retail sale”) with the exception of the forms of retail sale defined in annex no. 1a; the provisions of paragraph (3) (f) and paragraph (4) shall not apply to such cases.
§ 95
Regarding workplaces with night shifts, a rest day shall commence on the hour corresponding to taking up of the working shift, which in the working week comes first according to the timetable of shifts morning shift.
§ 96