The Labour Act (Inter)
From The Kodiak Republic Wiki
An act to regulate labour rights.
Enacted during the Great Interregnum.
Amended by the Labor Reform Resolution, 645.
Amended by Amendment: The Labor Act (Inter)
Amended by The Reasonable Wage Act, 653
Amended by the Youth Employment Act 653
Article 1 - The Work Week
- 1.1 Defines the Work Week as 40 hours.
- 1.1.1 For the purposes of this bill, part-time employees are considered to be any employee who regularly works less than the full work week.
- 1.2 Employees who work overtime will receive 150% compensation for hours worked overtime in hourly employment.
- 1.2.1 Overtime is defined as working more than 30 minutes over the maximum workweek hours for their employment type or for more than 12 hours in a 36-hour period for full-time employees.
- 1.3 Employees who work extraordinary hours will receive 150% compensation for extraordinary hours worked.
- 1.3.1 Extraordinary hours are defined as hours worked between 2200 hours and 0600 hours.
- 1.4 Employees who work in hazardous conditions will receive 150% compensation for any work done under hazardous conditions.
- 1.4.1 Hazardous conditions are defined as working conditions wherein the employee is unduly subject to danger of life or limb.
- 1.5 Employees working part-time roles will receive a pro-rata share of the rights and benefits provided to full-time workers.
- 1.6 Any employee who works under any condition outlined in 1.2.1, 1.3.1, or 1.4.1 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
- 2.1 - Establishes 1 May of each calendar year as a Federally recognized holiday in recognition of laborers (Labour Day).
Article 3 - Paid Time Off
- 3.1 - For the purposes of this bill, a week is defined as the number of days out of seven that the employee would usually work.
- 3.2 - In the case of a pregnancy, both partners in the legal relationship are entitled to 52 shared weeks of paid leave, starting from the 38th week of pregnancy or premature birth.
- 3.3 - In the case of a pregnancy where the woman is not in a legal relationship, they are entitled to 30 weeks of paid leave, starting from the 38th week of pregnancy or premature birth.
- 3.4 - At the end of paid maternity leave, both parents are entitled to an additional 20 weeks of job security, should they choose to take unpaid leave.
- 3.5 - In the case of a miscarriage, both partners are entitled two two months time off.
- 3.6 - Any employee who is adopting a child and has been employed continuously for three months is entitled to 365 days of paid leave.
- 3.7 - All employees who have been employed continuously for three months are entitled to 4 annual weeks of paid vacation time.
- 3.8 - 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.
- 3.9 - 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.
- 3.10 - Employers are forbidden from taking any disciplinary action against an employee because of the employee's paid time off.
- 3.11 - 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
- 4.1 - 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.
- 4.2 - All persons may only be employed if they are at least 15 years of age.
- 4.2.1 - An exception may be applied for and granted for minors in theatre, movies, television, voice acting, and modeling.
- 4.2.2 - 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.
- 4.3 - 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.
- 4.4 - The maximum allowed hours of work per working week for persons under the age of 18 is 20 hours.
- 4.5 - Workers under the age of 18 are not permitted to work between the hours of 22:00 and 06:00.
- 4.6 - 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:
- 4.6.1 - Dangerous, heavy, or industrial machinery and vehicles
- 4.6.2 - 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.
- 4.6.3 - Mining work that is not considered clerical, administrative, or office-related work.
- 4.6.4 - Dangerous construction work that may unreasonably risk the health or life of the child.
- 4.7 - 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
- 5.1 Establishes the universal minimum wage at 40 florins per hour for hourly employment.
- 5.2 Establishes the universal minimum wage at 80,000 florins per year for salaried employment.
- 5.3 Establishes the universal sick pay for full-time employees, equal to their established salary for hours not worked while on sick leave.