Reform Proposal for 40-Hour Workweek Redefines Overtime
The proposed reform to reduce the workweek to 40 hours is redefining overtime as an exceptional resource, despite legal gaps highlighted by attorneys. Experts from ERIAC, the HR executives association, gathered to discuss this topic.
Key Experts and Their Perspectives
Amado Díaz Pérez, partner and director of Bufete Amado Díaz; Juan Carlos de la Vega, partner and director of Santamarina y Steta; and Rolando Noriega, director of Labor Relations LATAM at Johnson Controls all agreed that the increase in overtime hours should be viewed as an exceptional mechanism confined within the limits set by regulations.
Webinar Discussion on Workweek Reduction Initiatives
During the ERIAC-organized webinar titled “Analysis of Workweek Reduction Initiatives,” the experts reflected on how transitioning to a 40-hour workweek might result in increased overtime or heavier workloads if not implemented correctly.
Amado Díaz pointed out that specific limits on double and triple hours have raised questions. He explained, “I believe the legislator’s intention is for people not to work beyond that,” emphasizing that reducing the workweek aims to balance personal life and work.
The experts also agreed that while the reform initiatives might not undergo significant changes during legislative discussions, certain points must be addressed to avoid legal gaps. For example, clarifying the treatment of different work schedules.
Pending Issues in Workweek Reform Initiative
“From the start, as the law doesn’t specify it and even the initiative sets a framework for daytime work with the goal of reaching 40 hours, my interpretation is that daytime work should decrease,” Amado Díaz stated. “There might be other interpretations, so it’s necessary to clarify with the authority what they intend.”
Juan Carlos de la Vega suggested that the Secretary of Labor and Social Security (STPS) or Congress could issue clarifications or addendums regarding these issues. He emphasized that the balance between personal life and work is crucial, and limiting working hours is one of the reform’s achievements.
The experts also clarified that rest time should continue to follow the Supreme Court’s jurisprudence, considering a one-hour or longer rest period as outside the workday.
They were questioned about whether working overtime, especially on Saturdays due to production needs for those who usually work Monday through Friday and rest over the weekend, would count towards weekly additional or rested hours.
“From our firm’s perspective, overtime is the extension of the regular workday, whether advanced or postponed, but it must remain within the regular workday,” explained the partner and director of Santamarina y Steta.
Rolando Noriega echoed this view, stating that working on a normal rest day due to unforeseen circumstances does not constitute overtime but rather “work on a rest day,” with no extra hours accumulated.
Importance of Work-Life Balance
All three attorneys emphasized the importance of balancing personal life and work, which is likely one of the reform’s accomplishments in limiting working hours. However, they also acknowledged that achieving well-being requires a positive work environment to prevent conflicts.
“The way supervisors or managers request overtime hours, causing employee frustration when they’re asked for more due to the manner in which it’s requested rather than technical or legal aspects, is because of the treatment they received from supervisors or managers,” de la Vega pointed out.
Key Questions and Answers
- What is the purpose of increasing overtime hours under the proposed reform? The increase aims to maintain overtime as an exceptional resource within regulatory limits, not to encourage more working hours.
- What legal gaps have been identified in the reform initiatives? Clarification is needed regarding different work schedules and how overtime hours are counted, especially when working on rest days.
- How does the reform aim to balance personal life and work? By limiting working hours, which is one of the reform’s objectives.
- What is the significance of the “In dubio pro operario” principle? This principle, meaning “in case of doubt, in favor of the worker,” could be a starting point for addressing legal gaps left by the initiatives.
