It is important to make a reference to the Overtime regime for trust personnel and employer representatives, which is a subject of vital importance and in which the Labor Codes of Guatemala, Honduras, Nicaragua and Costa Rica, are coincident in the sense that managers, administrators, attorneys-in-fact, legal representatives, and employees who work without immediate superior supervision, as well as workers who occupy positions of trust, are excluded from the regulation on maximum legal working hours and therefore would not accrue Overtime However, such persons shall not be obliged to remain more than twelve (12) hours a day at work. 167 is 8 hours, since it establishes that between the end of an ordinary workday or with the addition of overtime and the beginning of the following workday, there must be a period of not less than 8 hours, and c) Be occasional, that is, they cannot be permanent and work every day, although since the term is indeterminate they may be frequent, provided the other 2 requirements are met. 167 It is important to emphasize that the limit does not refer to an amount but to the number of overtime hours that may be worked, which according to Art. The treatment of Overtime, in accordance with Articles 168 and 169 of the Labor Code, is all work performed in excess of the ordinary working day, and has the following characteristics: a) To be agreed upon by mutual agreement between the parties b) To be paid with a surcharge consisting of one hundred percent of the basic hourly wage, up to the legal limit it is important to emphasize that the limit does not refer to an amount but to the number of overtime hours that can be worked, which in accordance with Art. from seven o’clock at night to six o’clock in the morning of the following day, will be paid at least 25 percent over the salary established for the same work in daytime hours. Cases of disagreement will be resolved by the Director General of Labor, taking into account the provisions of the Labor Code, collective bargaining agreements and contracts, internal work regulations, the nature of the work of the company and, in the absence of these elements of judgment, reasons of equity and good sense. 165 of the Labor Code, the employer shall fix the original working hours, but subsequent modifications must be made in agreement with the workers. It is also important to remember that according to Art. Pursuant to Article 164 of the Labor Code, the workday in special cases may be divided in up to three parts comprised in no more than twelve hours, prior authorization of the Director General of Labor. A split workday is allowed, provided that the break between one part of the workday and the other is longer than 30 minutes, for example 1 hour, and in these cases this break will not be considered part of the workday. one in which breaks to take food are part of the workday and considered as effective work time such breaks must be at least 30 minutes. The general rule is that the workday must be a single workday, i.e. #Worktime salvador codeArticle 161 of the Labor Code establishes that the ordinary night workday shall not exceed seven hours and the workweek shall not exceed thirty-nine hours. Daytime hours are between six hours and nineteen hours of the same day and nighttime hours are between nineteen hours of one day and six hours of the following day. Pursuant to Chapter III of Book One of the Labor Code, working hours are daytime and nighttime. 6° establishes that: “The ordinary working day shall not exceed eight hours and the working week shall not exceed forty-four hours”. The existence of labor protection shields, which limit the number of hours that must make up an ordinary working day, is a common denominator in Central American labor legislations, and in the case of El Salvador, there is even the peculiarity that these limits are expressly determined from the imperative Constitutional Norm, which makes them even more difficult to modify than if they were established in the Secondary Legislation.
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