Article 45

Work on mandatory holidays

• 1. The employer may arrange the employee to work on a mandatory holiday, irrespective of his/her consent in the following circumstances:
• 1) When the employer faces a great loss or in cases of force majeure;
• 2) When the employer faces an unforeseeable increased amount of work;
• 3) When the service rendered is indispensable to ensure the continued operation of the business.
• 2. The performance of work in the circumstances described in the preceding paragraph shall entitle the employee to a compensatory rest day, which shall be designated by the employer within three months following the performance of work and which may be substituted by agreement with the employer for a day’s basic remuneration as compensation, as well as the following rights, without prejudice to paragraph 5:
• 1)Receiving an additional day's basic remuneration or having a compensatory rest day within three months, for employees who are paid by the month;
• 2) Receiving the normal remuneration plus one day's basic remuneration or having a compensatory rest day within three months, 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 rest day and the specific date when the compensatory rest day 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. In the situation referred to in this article, where the specific date of the compensatory rest day is designated by the employer, such date must be designated at least three days in advance.
• 5. 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 day or basic remuneration referred to in paragraph 2 shall be calculated in proportion to the number of working hours performed.

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