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New Caledonia

Working Hours and Overtime Regulations

Understand the laws governing work hours and overtime in New Caledonia

Standard working hours

The primary legislation governing standard working hours in New Caledonia is the Labor Code (Code du Travail). The standard workweek in New Caledonia is 35 hours. This can be averaged over a specific period, as determined by a collective agreement or company agreement. Specific daily working hours aren't explicitly mandated by the Labor Code. However, exceeding a reasonable daily workload could be considered a violation of employee health and safety regulations.

Overtime

New Caledonia, a French territory in the Pacific, adheres to French labor laws regarding overtime work. The primary legislation governing overtime work in New Caledonia is the Labor Code (Code du Travail).

Overtime pay applies to any hours worked beyond the standard 35-hour workweek. There are exceptions for specific industries and situations outlined in collective bargaining agreements.

Overtime worked on weekdays (Monday-Friday) between regular working hours and the overtime threshold (usually 35 hours) is compensated at a rate of 1.25 times the employee's regular hourly rate. Overtime worked on Saturdays, Sundays, and public holidays is compensated at a rate of 1.5 times the employee's regular hourly rate. Additionally, some collective bargaining agreements may stipulate even higher overtime rates for weekends and public holidays.

Overtime pay is calculated based on the employee's gross salary, which includes their base salary and any bonuses or allowances they receive.

While there's no strict legal limit on overtime hours, the Labor Code emphasizes protecting employee health and safety. Employers must ensure overtime work doesn't jeopardize an employee's well-being. Additionally, some collective bargaining agreements may set limitations on overtime hours per week or month.

Employers are required to maintain accurate records of all employee working hours, including regular hours and overtime hours. These records should be readily available for inspection by labor authorities.

Rest periods and breaks

New Caledonian labor law guarantees rest periods and breaks for workers, ensuring their well-being and productivity. Here's a breakdown of these entitlements:

Minimum Daily Rest: Workers are entitled to a minimum of 11 consecutive hours of rest between work periods.

Short Breaks: Workers are entitled to short breaks throughout the workday. The specific duration and frequency of these breaks are not mandated by national law but are typically determined through collective bargaining agreements or company policy. These breaks are usually unpaid and allow for a brief rest from work duties.

Meal Break: Workers are entitled to a longer break for their main meal. Again, the specific duration is not mandated nationally and is usually defined by collective agreements or company policy. This break is typically unpaid and allows for a substantial break to eat and rest.

It's important to remember that collective bargaining agreements may provide more generous rest and break periods than those mandated by national law. Therefore, employees should always refer to their specific employment contract or relevant collective agreement for the most accurate information on their entitlements.

Night shift and weekend regulations

In New Caledonia, the labor code outlines regulations for night work and weekend work. These regulations aim to protect employee well-being and ensure fair compensation for working outside standard hours.

Night work is generally defined as work performed between specific hours, often ranging from 10 pm to 5 am. Here are some key points regarding night work:

  • Prior Agreement: Employers must obtain prior written agreement from employees before scheduling them for night work.
  • Reduced Work Hours: Night workers are entitled to a reduced work schedule compared to day workers. The specific reduction is determined through collective bargaining agreements or company policy.
  • Increased Compensation: Night work typically warrants increased compensation. This can include wage supplements, overtime pay, or additional rest time. The exact amount of increase is determined by collective bargaining agreements or company policy.
  • Health Measures: Employers are obligated to implement health measures to protect the safety and well-being of night workers. This may include access to health screenings, ergonomic assessments, and breaks for fatigue prevention.

Weekend work generally refers to work performed on Saturdays and Sundays. Specific regulations for weekend work may vary depending on the industry and type of work performed. However, some general principles apply:

  • Volunteer Basis: Weekend work should ideally be done on a volunteer basis. Employers cannot force employees to work weekends.
  • Compensation: Weekend work typically requires additional compensation, similar to night work. This can include overtime pay, compensatory rest time off in lieu of pay, or a combination of both.

It is crucial to consult the most recent version of the National Labor Code of New Caledonia and relevant collective bargaining agreements for the most up-to-date and comprehensive information on night shift and weekend work regulations.

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