The workday and work schedule are two essential elements that must be agreed upon and regulated from the outset of the employment relationship, with both parties needing to have clarity to avoid contractual breaches.
The workday refers to the number of hours that must be legally completed during the week in the performance of work. The ordinary workday is the usual one to which each worker is subject, while the extraordinary workday refers to the additional hours that may be necessary for the employee to work in certain situations to complete a task within the company.
On the other hand, the work schedule encompasses the distribution of service hours, including the time when the worker starts and finishes their duties.
For these reasons, the law establishes limits regarding the workday and work schedule. When establishing these, the following regulations must be respected:
For a schedule to be considered mixed, night hours (from 7:00 PM to 5:00 AM) cannot exceed 3.5 hours; if this limit is exceeded, the schedule automatically becomes a night schedule.
It is not possible to compensate the payment for overtime with time off, as the law only establishes economic remuneration for it.
Similarly, extraordinary work has its limitations, as it is always motivated by a special and exceptional circumstance that justifies its execution. According to Article 140 of the Labor Code, the ordinary work hours combined with extraordinary hours cannot exceed 12 hours.
As can be seen, it is important for companies to correctly regulate and define work hours and schedules to avoid non-compliance with the established limits, which may lead to the necessity of paying overtime in the future.
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