Article 43

Work on rest days

• 1. The employer may arrange the employee to work on rest days, irrespective of his/her consent, under the following circumstances:
• 1) When the employer faces a great loss or in cases of force majeure;
• 2) When the employer faces an unforeseen increased amount of work;
• 3) When the service rendered is indispensable to ensure the continued operation of the business.
• 2. Where the employee renders service in circumstances described in the preceding paragraph, he/she shall be entitled to an additional day of compensatory rest, to be designated by the employer within thirty days following the performance of work, as well as the following rights, without prejudice to paragraph 8:
• 1) Receiving an additional day’s basic remuneration or having a compensatory day of rest within thirty days, for employees who are paid by the month;
• 2) Receiving the normal remuneration plus one day’s basic remuneration or having a compensatory day of rest within thirty days, for employees who are paid by actual time worked or output.
• 3. For the purposes of subparagraphs 1) and 2) of the preceding paragraph, the employee’s receiving one day’s basic remuneration or taking a compensatory day of rest and the specific date when such compensatory rest is taken shall be subject to the mutual agreement between the employer and the employee; in the case that no agreement is reached, decisions shall be made by the employer, in accordance with the requirements of the enterprise’s operation.
• 4. The employee may voluntarily request to work on a weekly rest day, whereby he/she shall be entitled to a compensatory day of rest, to be designated by the employer within thirty days following the performance of work.
• 5. In cases where the employee does not enjoy the compensatory day of rest provided for in the preceding paragraph, he or she shall be entitled to:
• 1) An additional day’s basic remuneration, for employees who are paid by the month;
• 2) One day’s basic remuneration in addition to the normal remuneration, for employees who are paid by actual time worked or output.
• 6. In the circumstances referred to in paragraph 4, there must be a record attesting the voluntariness of the work performed on the weekly rest day by the employee.
• 7. In the situation referred to in this article, where the specific date of the compensatory rest is designated by the employer, such date must be designated at least three days in advance.
• 8. In the case that the employee only completes part of the working hours for personal reasons, regardless of whether the situation constitutes justified or unjustified absence, the compensatory rest or basic remuneration referred to in paragraphs 2, 4 and 5 shall be calculated in proportion to the number of working hours performed.

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