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Sao Tome and Principe

Working Hours and Overtime Regulations

Understand the laws governing work hours and overtime in Sao Tome and Principe

Standard working hours

In Sao Tome and Principe, the regulations governing standard working hours are outlined in two main legal references:

  • The Labor Code: This establishes the general framework for worker rights and employer obligations. Although there isn't a specific article directly mentioning standard work hours, relevant insights can be found in Article 12 regarding regular working periods.
  • Collective Agreements: These are negotiated between employers and employee unions and can set specific working hours that may differ from the general guidelines.

Based on these references, the standard working hours are as follows:

  • Maximum Working Week: The average working period cannot exceed 45 hours per week. This implies a maximum of 9 hours per day if the workweek is distributed equally across five days.
  • Standard Workweek: There seems to be some discrepancy regarding the exact number of hours constituting a standard workweek. Some sources cite a 40-hour workweek, distributed across five working days.

It's important to note that collective agreements may establish different working hours within the legal limits set by the Labor Code.

Overtime

In Sao Tome and Principe, there are specific regulations regarding overtime work, including when it's permitted and how employees are compensated.

Overtime work is authorized in two main scenarios:

  • Unexpected Workload: Employers can request overtime when faced with unforeseen increases in workload that wouldn't justify hiring additional temporary or permanent staff.
  • Emergencies: Overtime is also permitted in cases of force majeure or situations where it's essential to prevent or repair significant company damages.

The law mandates specific compensation rates for overtime work:

  • First Hour: Employees must be paid 125% of their regular wage for the first hour of overtime work.
  • Subsequent Hours: All following hours or fractions of overtime hours must be compensated at a rate of 150% of the regular wage.

It's important to remember that enforcement of labor laws, including those related to overtime, can be weak in Sao Tome and Principe. This means it's crucial for employees to be aware of their rights and for employers to adhere to legal requirements. For the most up-to-date information and comprehensive understanding, it's recommended to consult directly with the Ministry of Labor of Sao Tome and Principe.

Rest periods and breaks

In Sao Tome and Principe, labor law mandates rest periods and breaks for workers. Workers are entitled to a daily rest break of not less than one hour and not more than two hours. The purpose of this break is to prevent fatigue and ensure worker well-being during the workday. The scheduling of the break should be such that workers do not perform more than five consecutive hours of work.

Night shift and weekend regulations

In São Tomé and Príncipe, the labor law framework provides general guidelines for night and weekend work.

For night work, there isn't a universally defined timeframe. However, Labor Law No. 10/2006 allows companies and workers to establish their own definition through collective bargaining agreements. Employers are not allowed to assign night work to pregnant women or workers under 18 years old. Night work typically warrants a pay premium, with specific details on the premium amount subject to negotiation within collective bargaining agreements.

As for weekend work, it is permitted under exceptional circumstances or when the nature of the job necessitates it. Employers must obtain prior authorization from the Labor Inspectorate for such arrangements. Workers performing weekend work are entitled to compensatory rest time or a premium on their wages, as determined by collective bargaining agreements.

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