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Modern Labour Act (669): Difference between revisions

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:# Defines the Work Week as 40 hours.
:## For the purposes of this bill, part-time employees are considered to be any employee who regularly works less than the full work week.
:# Employees who work overtime will receive 130125% compensation for hours worked overtime in hourly employment.
:## 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.
:# Employees who work in hazardous conditions will receive 140130% compensation for any work done under hazardous conditions.
:## 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.
:# Employees working part-time roles will receive a pro-rata share of the rights and benefits provided to full-time workers.
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# For the purposes of this bill, a week is defined as the number of days out of seven that the employee would usually work.
# In the case of a pregnancy, both partners in the legal relationship are both each entitled to 2218 weeks of paid leave, starting from the 37th week of pregnancy or premature birth.
# In the case of a pregnancy where the woman is not in a legal relationship, they are entitled to 2612 weeks of paid leave, starting from the 37th week of pregnancy or premature birth.
# 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.
# In the case of a miscarriage, both partners are entitled to 3 weeks time off.
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# The minimum wage shall be calculated by way of negotiation between each industry and sector's labour unions and the employer associations.
## 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.
## Collective bargaining negotiations will be conducted at industry and sector levels toshall addressinvolve thetalks specificto needsdecide and conditions ofthe differentappropriate economicminimum sectorswage.
## 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.
# 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.
# For the minimum wage discussion, there shall be a minimum limit where the negotiations must start upward from, named the Minimum Income Base (MIB):
## The hourly MIB shall be set at 25 florins for hourly employment.
## The annual MIB shall be set at 50.000 florins for salaried employment.
# 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.
# Employers found in violation of the agreements reached shall be subject to penalties, such as compensation and fines.
## In case of an employer found violating the agreement, heall shall pay to theaffected employees affectedshall 150%be ofpaid theup agreedto quarterly wage per month sine the breach150.000 offlorins agreementseach.
## In case of repeated violation of the agreement, the employerpayment willper beemployee finedshall araise totalup ofto 150300.000 florins.
# 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.
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