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San Marino

Working Hours and Overtime Regulations

Understand the laws governing work hours and overtime in San Marino

Standard working hours

San Marino adheres to a standard 40-hour workweek, with an 8-hour workday for most employees. The country's labor regulations are established through various decrees and agreements, including Collective Bargaining Agreements (CBA) and Legislative Decrees. These often address working hours specific to a particular industry or sector.

The maximum working hours are stipulated as 40 hours per week, with an 8-hour daily limit. This aligns with common European working hour standards. There may be exceptions to the standard working hours depending on the employment sector or specific circumstances outlined in a relevant CBA. However, exceeding the maximum limits requires employee consent.

Overtime

In San Marino, overtime work is regulated to ensure fair treatment of employees and prevent excessive working hours. Here are the key rules and compensation for overtime work:

Overtime Thresholds and Compensation

  • Overtime Pay: Employers are required to compensate employees for any hours worked beyond the standard workweek.
  • Overtime Rate: The overtime rate is at least 1.263 times the regular hourly wage for the first 8 hours of overtime work per week.
  • Increased Overtime Rate: For any additional overtime hours beyond the first 8 in a week, the compensation rate increases to double the regular hourly wage (2 times the regular rate).

Example:

  • If an employee's regular hourly wage is €10.
  • For the first 8 hours of overtime work in a week, they would receive €10 x 1.263 = €12.63 per hour.
  • For any overtime hours beyond the first 8, they would receive €10 x 2 = €20 per hour.

These regulations are established under San Marino's labor laws, though specific details might be further outlined in relevant collective bargaining agreements for certain industries. It's important to consult with official sources or legal counsel for the most up-to-date information on overtime regulations, as collective bargaining agreements or future legislative changes might influence these details.

Rest periods and breaks

In San Marino, there is no explicit legislation mandating specific break times throughout the workday for most employees. However, it is common practice for employers to provide a minimum 30-minute lunch break. This break allows employees time to rest and recharge during the workday.

Night shift and weekend regulations

In San Marino, labor laws provide a structure for night and weekend work, safeguarding employee rights and ensuring fair remuneration.

Night Work

Night work is generally defined as work performed between 10:00 PM and 7:00 AM. Employers are prohibited from assigning night work to pregnant or breastfeeding women, minors under 18, or workers deemed unfit for night work by a medical professional. Night work typically necessitates a mandatory pay increase. The specific amount is determined through collective bargaining agreements or individual employment contracts, but it should be no less than 10% of the regular wage.

Weekend Work

Weekend work refers to work performed on Saturdays and Sundays. As a general rule, employees are entitled to at least one uninterrupted rest day per week, typically on Sundays. Certain sectors, like healthcare or hospitality, may require employees to work on weekends. However, employers must ensure compensatory rest periods during the week. Weekend work often requires additional pay. Similar to night work, the specific increase is determined through collective bargaining agreements or individual contracts, but it should not be less than the regular wage.

Additional Considerations

Employers who implement shift work schedules must establish these in writing and communicate them to employees in advance. It's important to consult the latest version of relevant laws and any applicable collective bargaining agreements for the most accurate and up-to-date information.

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