The company Legálitas recalls that the Law on Infractions and Sanctions to the Social Order classifies as a serious infraction the transgression by companies of the regulations regarding working hours.
This same company recalls that the Workers' Statute establishes that the duration of the working day must be agreed upon in the collective agreement, or the employment contract, and that, even so, it cannot exceed the annual average of 40 hours of effective work.
In this way, the ordinary daily working day cannot exceed 9 hours per day, and the minimum rest between working days must be respected, which must be 12 hours, except in the case of special working days.
Experts in this field also point out that companies cannot force workers to work overtime, since these must be voluntary, except in the case that the worker is obliged to do them so that it appears in their employment contract. If this is the case, overtime will only be prohibited for workers under 18 years of age, those who work at night, or those who are hired part-time, and also for disabled workers in special work centers.
In cases where workers have to work overtime to complete a project, these overtime hours would not be considered force majeure, and therefore would not be mandatory, and therefore the worker will not be obliged to work these overtime hours.
It should also be taken into account that overtime hours must be compensated with professional rest, and in the event that they are not compensated, at least the amount of the value of an ordinary hour must be paid, and in the event that they are done on holidays or weekends, the value will increase by 75%.