He overtime pay in Argentina corresponds to all employees in a dependency relationship within an agreement that They do tasks outside of their schedule.
However, in many cases overtime is not paid, especially if the collective bargaining agreement for the activity in question does not specify how to make that payment.
How are overtime calculated?who is responsible for collecting them?, and other doubts that workers tend to have in this regard.
How is the value of overtime calculated?
As we mentioned, many times the value of overtime is determined in the collective bargaining agreement for a particular activity.
For example, in the case of domestic employees, who fall under the Private House Personnel union, what the Federal Administration of Public Revenues (AFIP) indicates is that “personnel who provide services in overtime a surcharge of 50% calculated on the usual salary if it were common days. A surcharge of 100% calculated on the usual salary on Saturdays after thirteen hours, on Sundays and holidays.”
How workers’ overtime is calculated: cases in which the agreement determines it
In other words, for domestic employees who are blank and receive monthly payments, the hours that they provide tasks outside of their normal hours 50% are paid further than the traditional working hour. Whereas if those overtime hours correspond to days Saturday, Sunday or holiday, they charge double (100% more).
In the case of employees aligned to the Trade Unionthe largest in the country with more than 1.2 million affiliates, it is determined by agreement that overtime is paid with a surcharge of 50% of the usual salary if it were common days and 100% on Saturdays after 1:00 p.m., Sundays and holidays.
If the employee who performs the overtime is not within any agreement (outside the agreement) but overtime is requested, the Labor Contract Law (No. 20,744) also determines the 50% surcharge on business days and 100% on weekends and holidays. This is so because the employee is entitled to a weekly rest of 35 straight hours starting on Saturday at 1:00 p.m.
To calculate how much overtime should be paid is part of the gross monthly salary And I will divide by the number of working hours for the month. The value of the regular simple hour of work is obtained with this account.
to that amount the surcharge of 50% or 100% is applied as appropriate to the overtime hours worked in the month. And the payment of overtime must be reflected in detail in the salary receipt of each month.
Are there limits to the amount of overtime that can be done?
How much more should workers who work overtime be paid?
Yes, legally overtime (always talking about registered employees, not informal ones that are not protected by labor rights) should never be more than:
- 3 hours per day;
- 30 hours per month;
- 200 hours per year.
But many times people lend tasks outside of your schedule that are not considered overtime and are not paid as such.
A study in 2022 at the regional level determined that the workers evaluated were doing 8.5 unpaid overtime hours per week, either because they start giving tasks earlier, stay later or do them during their breaks. This average was lower than in 2021 – when the global average was 9.2 hours per week – but it is still above the pre-pandemic: in 2020, workers worked an average of 7.3 unpaid overtime hours per week.
How are working hours calculated?
Generally, the work hours They are defined in the collective labor agreement of the activity or in the contract of the person who will provide the tasks. What’s left outside of those hours that is requested by the company, are overtime and must be paid.
There is a limit to the amount of overtime that workers can put in, except bosses and managers
In Argentina, the Labor Contract Law establishes that the duration of the working day cannot exceed 8 hours daily or 48 hours weekly. In no case can the day exceed 9 hours worked.
This means that as long as the weekly limit exceeds 48 hours or 8 hours a day, the employer must pay overtime.
It is worth remembering that there are collective labor agreements that establish the hours of the full working day with another amount, and also that in some activities in which work is considered unhealthy or takes place in night hoursthere is exceptions that reduce the duration of the day.
By law, in Argentina the night work cannot last more than 7 hours and it has to be fulfilled between 9 at night and 6 in the morning.
Sometimes this type of limits that influence the payment of overtime is determined by the collective agreement itself. This is the case, for example, of workers in the Construction sector in Argentina. The Construction Workers’ Union of the Argentine Republic (UOCRA) specifies in its collective labor agreement that the maximum working day is 44 hours per week. So, if that limit is exceeded, overtime must be paid.
whatIn what other cases can the day be extended? of normal work beyond what is determined by the aforementioned law? When it comes to directors or managers of the company; when it comes to work teams, when it is a task to be carried out urgently and, of course, when it comes to work in which the National Executive Power establishes exceptions to that rule.
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