The exclusive work in the night shift is not expressly prohibited by the Labor Code, but in this case the employer has a number of strict liabilities.
Night shift means activities performed in the range 22.00 – 6.00. In the context of this definition, the employee performs night work between 22.00 and 6.00, at least 3 hours of his time every day to work. A night employee is considered also the person who works during the night at a rate of at least 30% of his time working month.
As a first rule, employees who are to perform work at night are subject of a free medical examination before starting work. This medical exam is periodically thereafter.
The normal duration of working time, for the night employee, will not exceed an average of 8 hours per day, according to the Labor Code. This average is calculated over a reference period exceeding 3 calendar months, with the legal provisions on weekly rest.
Duties of employers
The employers whose employees do frequently work at night must:
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