Modern Labour Act (669)

An act to reform The Labour Act (Inter) in order to stabilize and improve the current burden on businesses.

Article 1 - The Work Week

1. Defines the Work Week as 40 hours.
   1. For the purposes of this bill, part-time employees are considered to be any employee who regularly works less than the full work week.
2. Employees who work overtime will receive 130% compensation for hours worked overtime in hourly employment.
   1. Overtime is defined as working more than 1 hour over the maximum workweek hours for their employment type or for more than 12 hours in a 36-hour period for full-time employees.
3. Employees who work in hazardous conditions will receive 140% compensation for any work done under hazardous conditions.
   1. Hazardous conditions are defined as working conditions wherein the employee is unduly subject to dangers of bodily harm who are not part of the ordinary working enviroment.
4. Employees working part-time roles will receive a pro-rata share of the rights and benefits provided to full-time workers.
5. Any employee who works under any condition outlined in 1.2.1 or 1.3.1 will receive concurrent benefits of the conditions worked based on the base pay of the employee working in those conditions.

Article 2 - National Holiday Day

1. Establishes 1 May of each calendar year as a Federally recognized holiday in recognition of laborers (Labour Day).

Article 3 - Paid Time Off

1. For the purposes of this bill, a week is defined as the number of days out of seven that the employee would usually work.
2. In the case of a pregnancy, both partners in the legal relationship are both each entitled to 18 weeks of paid leave, starting from the 37th week of pregnancy or premature birth.
3. In the case of a pregnancy where the woman is not in a legal relationship, they are entitled to 12 weeks of paid leave, starting from the 37th week of pregnancy or premature birth.
4. At the end of paid maternity leave, both parents are entitled to an additional 4 weeks of job security, should they choose to take unpaid leave.
5. In the case of a miscarriage, both partners are entitled to 3 weeks time off.
6. Any employee who is adopting a child and has been employed continuously for three months is entitled to 8 weeks of paid leave.
7. All employees who have been employed continuously for three months are entitled to 4 annual weeks of paid vacation time.
8. Unused vacation leave may be accumulated up to 120 days, and after which it shall be mandated to pay the unused number of vacation leaves exceeding 120 days annually based on their average wage for the year.
9. Unused vacation leave may be accumulated up to 30 days, and after which it shall be mandated for the employee to use any vacation days above the 30 reserved ones. Reserved vacation days may be used at any time.
10. Employers are forbidden from taking any disciplinary action against an employee because of the employee's paid time off.
11. In the case of paid maternity or paternity leave, employers may hire a replacement employee, but on the original employee's return, they must be offered their original position back.

Article 4 - Legal Employment Age

1. All workers 18 years of age or older, or have completed secondary schooling prior to the age of 18, may be employed without restriction to hours due to age, as defined by the clauses following.
2. All persons may only be employed if they are at least 15 years of age.
   1. An exception may be applied for and granted for minors in theatre, movies, television, voice acting, and modeling.
   2. Family-owned or run businesses, and farms may employ minors from 13 years of age as long as the work adheres to restrictions on hours, and can be considered light work and not heavy or dangerous work.
3. Persons between the age of 15-18 that are currently legally obligated to be in education may not exceed 9 hours combined of school and work hours on any day, and may not exceed 7.5 hours on any day that does not include schooling.
4. The maximum allowed hours of work per working week for persons under the age of 18 is 20 hours.
5. Workers under the age of 18 are not permitted to work between the hours of 22:00 and 06:00.
6. Workers under the age of 18 are prohibited from heavy and dangerous work. The Ministry of Commerce and Labour may expand this list but at the minimum, the restrictions are as follows:
   1. Dangerous, heavy, or industrial machinery and vehicles
   2. Work related to the armed forces and policing, with the exception of formal cadet programs that do not have a high potential to cause injury to the minor nor endanger the minor's life. Additionally, the work should not require the minor to perform duties that may endanger the life of others or injure others, or can be considered as direct actions related to law enforcement or war fighting.
   3. Mining work that is not considered clerical, administrative, or office-related work.
   4. Dangerous construction work that may unreasonably risk the health or life of the child.
7. Operation of heavy machinery or industrial machinery exceptions may be granted on application by an employer for training or licensing purposes. Minors approved for training must be supervised at all times by a licensed expert and provided with appropriate formal training.

Article 5 - Minimum Wage Determination

1. The minimum wage shall be calculated by way of negotiation between each industry and sector's labour unions and the employer associations.
   1. Both parties shall engage in good faith negotiations to determine minimum wage levels annually, with the possibility of interim adjustments based on significant economic changes or inflation rates.
   2. Collective bargaining negotiations will at industry and sector levels shall involve talks to decide the appropriate minimum wage.
   3. The agreements reached through the negotiations shall be binding and enforceable for all employers and employees within the respective industry or sector, in which the terms agreed must be documented and submitted to the Ministry of Commerce and Labour for record-keeping and transparency.
2. In the event of a deadlock in negotiations, parties may seek mediation or arbitration services from an independent body appointed by the Ministry of Commerce and Labour which will must mediate in a manner that is fair, impartial, and aimed at reaching a mutually acceptable resolution.
3. For the minimum wage discussion, there shall be a minimum limit where the negotiations must start upward from, named the Minimum Income Base (MIB):
   1. The hourly MIB shall be set at 25 florins for hourly employment.
   2. The annual MIB shall be set at 50.000 florins for salaried employment.
4. The Ministry of Labor shall monitor compliance with the agreed-upon minimum wage standards through periodic employer reports of wage levels to ensure adherence to collective agreements.
5. Employers found in violation of the agreements reached shall be subject to penalties, such as compensation and fines.
   1. In case of an employer found violating the agreement, all affected employees shall be paid up to 150.000 florins each.
   2. In case of repeated violation of the agreement, the payment per employee shall raise up to 300.000 florins.
6. The Ministry of Commerce and Labour, in consultation with labour unions and employer associations, will ensure that the framework remains responsive to economic changes and labor market conditions, and shall review said framework periodically to assess its effectiveness and propose any necessary adjustments to the Grand Assembly.

Authored by Minister of Commerce and Labour Antonio Recio Rufián.