East Timor Labor Code

Comparison between Labour Code " Lei Trabalho 4/2012 Timor Leste" and Regulation Untaet 2002/5:

Some Few Points to compare :

NO	DESCIPTION	UNTAET 2002/5		LAW NO. 54/2012
1	Working Hours Normal Hour (same) Lunch Break (same) (NEW)Work at night	(article13.2) – 8 hours a day, 44 hours a week Entitle to 1 hour break after 5 hours continous  work. N/A		(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%.
2	Over Time (same)	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)		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)
3	Work on the Day Off (same)	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.		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)
4	Sick Leave (same) New: *Need to present the medical Certificate	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)		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)
5	Annual Leave (Same) 1 day/month or 12 days/year (NEW)	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		(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.
6	Maternity Leave New – *  Full Salary instead of 2/3	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)		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)
2	Paternity Leave – NEW	N/A	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)
3	13th Salary (Annual Subsidy) – NEW	N/A	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)