Understand the laws governing work hours and overtime in Yemen
In Yemen, the labor law provides a specific framework for working hours, which is designed to protect employee rights and promote a healthy work-life balance.
According to Article 55 of the Labour Code of Yemen, the standard workweek cannot exceed 48 hours, and daily working hours are limited to eight hours. However, it's important to note that this applies to most sectors. There may be specific exceptions with reduced work hours for jobs that are particularly demanding or hazardous.
During the holy month of Ramadan, the working hours are adjusted in recognition of its significance. As per Article 56 of the Labour Code of Yemen, daily working hours are capped at six hours, which equates to a 36-hour workweek.
In Yemen, labor law provides clear regulations and compensation for overtime work.
According to Article 57 of the Labour Code of Yemen, any work performed that exceeds the standard working hours qualifies as overtime. This applies to all employees, regardless of their occupation.
Employees are entitled to compensation for overtime work. They can choose between compensatory rest periods with pay or additional monetary compensation. For overtime on regular weekdays, the rest period is calculated at one and a half times the overtime hours worked. Overtime on weekdays is compensated at a rate of one and a half times the regular wage per hour. Overtime during official holidays and leave periods earns double the regular wage per hour.
However, there's a daily limit on working hours, including overtime. The total cannot surpass 12 hours according to Article 57.
Yemeni law also takes into consideration the condition of pregnant women. It prohibits assigning overtime work to women from the sixth month of pregnancy onwards and during the first six months following childbirth (Article 45).
Yemeni labor law emphasizes the importance of worker well-being by mandating specific rest periods and breaks throughout the workday.
Daily Rest Break
The law requires a minimum rest period of one hour during the workday for all employees. This break allows employees to recharge and return to their duties with renewed focus. The specific timing of this break might be determined by individual work schedules and employer-employee agreements, as long as the minimum one-hour duration is met.
Weekly Rest Day
Yemeni workers are entitled to a full day of rest with full pay every week. This rest period is crucial for physical and mental recuperation, promoting a healthy work-life balance. Traditionally, Friday serves as the designated rest day in Yemen. However, there's flexibility. The law allows for substituting Friday with another day of the week if work demands necessitate it. This substitution requires consultation and agreement between the employer and employee.
Additional Considerations
Certain categories of workers, like domestic staff and those in agriculture, might have different break or rest day regulations. It's essential to refer to the specific legal provisions for these sectors. The Yemeni Labour Code excludes several categories of workers from its full protections, including domestic workers, those in agriculture and pastoral work, government employees, military personnel, and diplomatic staff. It's advisable to consult the Labour Code or seek guidance from the Ministry of Labour for specific regulations concerning breaks and rest periods for these worker categories.
While the law mandates minimum rest periods, companies might also have additional break policies in place, offering employees short coffee breaks or designated prayer times.
Yemeni labor law recognizes the demanding nature of night and weekend work, implementing specific regulations to ensure fair treatment and protect employee well-being.
In terms of night shift work, Yemeni law generally prohibits employing women during night hours, offering exceptions only during the holy month of Ramadan and for specific jobs approved by the Minister of Labour. There's no legal mandate for a specific night shift allowance in the Yemeni Labour Code. However, employers might offer such allowances in their employment contracts to compensate for the disruption to workers' sleep schedules. Night shift work often translates into additional compensation for the challenging nature of night work.
Regarding weekend work, Yemeni workers are entitled to a full day of rest with full pay every week. Traditionally, Friday serves as the designated rest day. The law allows for substituting Friday with another day of the week if work demands necessitate it. However, this requires consultation and agreement between the employer and employee. Weekend work usually qualifies as overtime, offering compensation for working on the designated day of rest.
There are some important considerations to note. Specific sectors, like essential services or healthcare, might require employees to work weekends. In such cases, the Labour Code or sectoral regulations might outline substitute rest periods or alternative compensation. Employers hold responsibility for ensuring a safe and healthy work environment for night and weekend shift workers. This might involve implementing measures to address fatigue and offering proper lighting and ventilation in night-time workplaces.
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