LABOR LAW: An analysis of the working day.

In the business field, one of the crucial aspects for the success and well-being of both the organization and its employees is the correct management of the working day. Understanding and properly applying labor regulations not only ensures legal compliance, but also promotes a harmonious and productive work environment.

In this context, it is essential that entrepreneurs and managers know in depth the current provisions to optimize the management of their human resources, always respecting the limits imposed by law and the needs of their teams.

The working day is defined as that period of time during which the worker makes himself available to his employer, this means that during the duration of the day the worker will not be able to freely dispose of his time.

Current labor regulations establish that the duration of the working day cannot exceed 8 hours per day and 48 hours per week. In the case of women, the working day may not exceed 40 hours per day per week.

It is pertinent to note that the duration of the working day may be extended in certain exceptional situations, such as to avoid damage, prevent an accident or when a fortuitous event occurs. In addition, an extension of the day by one hour per day may be agreed upon, so that workers can rest for half a day during the week, which, by custom, is usually saturday afternoon.

It is essential to point out that the employer has full power to define whether the working day will be discontinuous or continuous, respecting the breaks established by the regulations. Furthermore, within our legal system there is an important element to highlight regarding the night workday, understood as that which is practiced between 8:00 p.m. and 6:00 a.m., which may not exceed 7 hours.

On the other hand, labor provisions establish exceptions to the ordinary workday for those workers and employees who are occupying positions of supervision, trust, management or who, due to the nature of their functions, may require days of up to 12 hours a day with one hour of rest.

It is crucial to mention that, in the event that the employer arbitrarily decides to extend the ordinary working day, he will be obliged to pay overtime in accordance with the provisions of the General Labor Law. In this sense, the importance of knowing the regulations set out above to properly manage work activity must be highlighted. For this reason, entrepreneurs and managers are recommended to observe the following:

• Practices must be adopted to ensure compliance with labor provisions that regulate the working day to avoid labor contingencies and promote an ethical and fair work environment.

• If the nature of the work allows it, the possibility of negotiating the conditions of the working day with workers should be considered, seeking a balance between the needs of the business and the well-being of the staff.

• With prior authorization from the Ministry of Labor, an attendance control system must be implemented that allows accurate and continuous monitoring of the hours worked by each employee to guarantee compliance with the hours established for the workday and thus minimize the abuse of the overtime by workers.
  
  

By implementing these recommendations, a respectful and equitable work culture can be built, which contributes significantly to the sustainable success of the company.

Víctor Manuel Vásquez Alfaro
Litigation and Corporate Lawyer