The commutation periods spent by the worker from the place of residence to the work site thereof shall not be calculated within the working hours.
It is presumed that your employment is subject to the provisions of the Federal Law No 8 of 1980 on the Regulation of Labour Relations (the "Employment Law").
The Employment Law contains specific provisions pertaining to hours of work, whereby it is prescribed that the maximum working hours for employees normally shall be eight hours in a day. We cite Article 65 of the Employment Law for your reference in this regard.
"The maximum number of ordinary working hours for adult workers shall be eight hours per day, or forty-eight hours per week. The number of hours may be increased to nine hours per day for people employed in trade, hotels, cafeterias, security and other jobs whose addition may be made by virtue of a decision from the Minister of Labour. Furthermore, the daily number of working hours may be reduced for strenuous or harmful works and such by virtue of a decision from the Minister of Labour and Social Affairs. The ordinary working hours shall be reduced by two hours during Ramadan. The commutation periods spent by the worker from the place of residence to the work site thereof shall not be calculated within the working hours."
Further, it is also prescribed in the Employment Law that the daily hours of work are to be designed by the concerned employer in a manner that employees are not required to work for more than five hours at a stretch and there are adequate breaks for rest, meals and prayer. This is in accordance with the provisions of the Article 66 of the Employment Law which reads as follows.
"The daily working hours shall be so regulated that no worker shall work for more than five successive hours without breaks -for rest, meals and prayer- amounting in aggregate to not less than one hour. Such breaks shall not be included as part of the working hours.
However, in factories and workshops where work is organised in the form of successive day and night shifts, and in processes where work has to continue uninterrupted for technical and economic reasons, the manner in which breaks for rest, meals and prayer are to be granted shall be specified in a resolution by the minister."
"Where the work circumstances require a worker to work more than the normal number of hours, any period worked in excess shall be treated as overtime, for which the worker shall receive the wage stipulated for his normal working hours, plus a supplement of at least 25 per cent of that wage."
