- Watch Bank: How it works and why it’s controversial
- Which Latin American countries are implementing the “hour bank” that Miley might propose in their labor reform?
while Repair work Waiting to be addressed in Congress, the questions surrounding the government’s draft are multiplying at the rate of criticism generated by the set of changes that Casa Rosada is considering for employment contract law.
Specifically, implementing “hour bank“It is one of the central issues of the reform: it is a system that allows employees to be compensated for backlog over time worked for Compensating them with vacation later, instead of receiving additional pay.
In the midst of speculation and waiting for the official text, the labor lawyer Julian de Diego He explained how this point would modify the workday.
In dialogue by The radio is with youThe specialist noted that this scheme will allow this The daily working day varies between 0 and 12 hours According to the company’s needs, As long as the average of 48 hours per week is respected.
Watch Bank: How it works and why it’s controversial
Given the concern about how this would affect the personal and family lives of workers, the lawyer explained that ““It is not implemented unilaterally by the company, but through collective agreements where the union intervenes.”
He pointed out that this system will be circulated in a more flexible and organized mechanism, so that it can be used in any company.
In this sense, he pointed out that hour bank It has already been used in Argentina since 1991 In some sectors, it was considered that good organization, It will allow for improved productivity without eliminating employee protections.
Another aspect of reform that the lawyer views favorably is its possibility Segmentation Holidays It is granted at any time of the year, as long as there is mutual agreement.
“This would allow for summer and winter holidays.This is something that not only unions, companies and the state, but workers in general see very well.
Which Latin American countries are implementing the “hour bank” that Miley might propose in their labor reform?
In South America, many countries have made changes to make working hours more flexible. The Watch Bank was established in Brazil in 1998 Employees are allowed to accumulate overtime hours to compensate for them with subsequent vacations, instead of receiving overtime pay.
With the 2017 labor reform, hour banking can be implemented through an individual agreement between employee and employer, in addition to the traditional collective agreement with the union.
Accumulated hour compensation dates vary depending on the type of agreement. If a verbal agreement, Hours must be compensated within a maximum period of 30 days; If a individual agreement, Compensation must be made within a period of up to 6 months; If it is a collective agreement, the maximum term is one year.
If the hours worked are not compensated within the stipulated period, the employer must pay them as overtime with the corresponding additional fees. If the contract expires and the employee has a positive balance of accumulated hours in his bank, the company is obligated to pay those uncompensated hours with additional overtime.
next to, Peruvian legislation allows atypical working hours Or cumulative, which is a form of hour bank. The Peruvian Constitutional Court has decided that these days cannot exceed an average of 8 hours a day or 48 hours a week in a cycle that cannot exceed three weeks.
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