Some Few Points to compare :
NO
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DESCIPTION
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UNTAET 2002/5
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LAW NO. 54/2012
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1
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Working Hours
Normal Hour (same)
Lunch Break (same)
(NEW)Work at night
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(article13.2) – 8 hours a day, 44 hours a week
Entitle to 1 hour break after 5 hours continous work.
N/A
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(Article 25) – 8
hours a day, 44 hours a week
(article 25) - Entitle to 1 hour break after 5 hours
continous work.
(article
28) – between 21:00 until 6:00am following day, shall be paid at
normal working hour +25%.
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2
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Over Time
(same)
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An employer who requires or permits overtime shall compensate
the worker at the rate of 1.5 (one
and a half) of the normal hourly rate. (article 13.3)
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An employer who requires or permits
overtime shall compensate the worker at the rate to be increased 50% of the normal hourly rate. (article
27.1)
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3
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Work on the Day Off (same)
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Work required
to be performed on a rest day and on a public holiday shall be remunerated at
the rate of twice the normal hourly
rate.
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Work required to be performed on a rest day and on a public
holiday shall be increased 100% of
the normal hourly rate. (article
27.2)
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4
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Sick Leave (same)
New: *Need to present the medical Certificate
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6 (six) days per year, calculated at the rate of 1 (one) half
day per month worked, remunerated on full
pay, and thereafter 6 (six)
days sick leave remunerated at the rate of ½ (one half) the hourly rate. For 3 (three) or more
consecutive sick days a medical certificate shall be provided by the worker.
(13.9)
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The worker also has the right to be justifiably absent from work in
case of illness or accident, against
presentation of the respective medical certificate, up to 12 days per
year, 6 days of which shall be remunerated in full while the remaining 6 days
shall be remunerated at 50 percent of the daily remuneration value. (33.4)
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5
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Annual Leave (Same)
1 day/month or 12 days/year
(NEW)
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There shall be an annual leave entitlement of 12 (twelve) working days on full pay.
For each completed month of employment the employee shall be entitled to
1(one) day of leave. For periods of employment of less than 1 (one) month, a
proportional leave entitlement shall apply.
(13.8)
N/A
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(Article 32) The employee is entitled to paid leave for each year of work
provided.The Annual Leave period shall not
be less than 12 days. For
periods of employment of less than 1 (one) month, a proportional leave
entitlement shall apply.(Full Salary).
If,
by mistake, Employer suspends the employee to take the annual leave,
the employee is entitled to compensation at the rate twice of the salary for the annual leave days that has not been taken.
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6
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Maternity Leave
New –
* Full Salary instead of 2/3
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Women workers entitle to 12 weeks paid at
the rate 2/3 or remuneration.
Apply also in case of miscarriage of the baby after the
6th month of pregnancy.
(article 11.10)
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Women workers entitle to minimun
12 weeks, which 10
weeks are taken after giving a birth.
Maternity leave do not effect to salary and
annual leave entitlement. (
Full salary)
In case of miscarriage, the women workers are entitled
to have 4 weeks Leave.
(article 59)
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2
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Paternity Leave –
NEW
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N/A
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Men workers are entitled to 5 working days Paternity Leave with Full Salary after his baby born.
In case that after the birth of his son, wife or partner passes away at the same time or until two weeks later, men
workers are entitled
to have 5 working days paternity Leave without
losing his salary
or benefits. (Article
60)
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3
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13th Salary
(Annual Subsidy) – NEW
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N/A
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Workers are entitled to annual subsidy (13th salary) not below 1 month salary, which must be paid by
employer no later than 20th
December each civil
year.
The calculation of this
13th salary is
depend on the number
of months when the workers
do. (Article 40)
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