Post by merni on May 13, 2020 11:25:46 GMT
Working Regulations Act
Author: Zhang Xiaoqing (SP)
Sponsors: Zhang Yazhu (DP), Wu Jiàn Mîn (DP), Yang Jianguo (RPP), Anita Chow (SP), Alana Lam (RP)
Sponsors: Zhang Yazhu (DP), Wu Jiàn Mîn (DP), Yang Jianguo (RPP), Anita Chow (SP), Alana Lam (RP)
An Act to ensure fair, equitable and humane working conditions for all Bandurians.
BE IT THEREFORE ENACTED, as follows:
§1 - Regulations
- Working hours: The standard working time in Banduria shall be 44 hours per week. No employer shall force an employee to work for longer than 44 hours per week without overtime pay as fixed by this act. No employer shall force an employee to work for more than 48 hours per week, nor shall an employee work for longer than 56 hours per week even of his/her own will.
- Overtime pay: All employees shall be paid at least 1.25 times their normal wage for every hour more than 44 worked per week, and 1.5 times for every hour more than 50 per week.
- Overtime requirement: No employee shall be dismissed for not working more than 48 hours per week, nor shall any promotion be denied to an employee, nor any other punitive action be taken, on these grounds.
- Break time: Every employee shall be guaranteed sufficient break time for the meals of breakfast, lunch and dinner at reasonable times (as applicable); rest breaks of half an hour for every five hours worked; and sufficient break time to use toilet facilities. No employee may be put at a disadvantage for using these breaks.
- Working conditions: The following shall be guaranteed to all employees as far as reasonably practicable:
- Sufficient and functioning safety equipment and precautions to protect employees from injury or exposure to harmful substances,
- Cleanliness and hygiene of the working environment,
- Sufficient ventilation, lighting and temperature, maintained at a healthy level,
- Sufficient working space and non-overcrowding,
- Sufficient and hygienic toilet facilities for both sexes,
- Free and wholesome drinking water,
- Safe maintenance and effective operation of all machinery,
- Sufficient seating at or near the actual place of work, as well as sufficient place to eat meals and take rest breaks,
- Sufficient and well stocked first aid kits in every area of the workplace, and sufficient medical facilities in every factory or industry dealing with dangerous materials.
- Minimum wage: Each state of Banduria shall fix a minimum wage. At least each year, each state shall increase the minimum wage according to the inflation in the previous period, so as to keep the actual value of the minimum wage as constant as possible. The minimum wage shall be fixed at a level that allows a decent standard of living in that state.
- Paid sick leave: All employees are guaranteed ten days of paid sick leave in a year. For paid sick leave to be used, employers may require that a medical justification must be provided within a week of the first day of leave.
- Maternity leave: All female employees are guaranteed twenty weeks of paid maternity leave and twenty weeks of unpaid maternity leave during pregnancy or after giving birth, without fear of dismissal or reduction in pay, who have worked for the same employer for at least one year. Up to 50% of the leave may be transferred to the father with the consent of both parents.
- Injury compensation: An employee who is injured while performing his/her legitimate duty to the employer is guaranteed sufficient compensation to pay for any medical treatment required, as well as continued pay for as long as he/she is unable to work, up to one year, if they waive their right to sue the employer for damages in a court of law for negligence.
§2 - Punishments
- Infringement of employee rights: Any company, employer or official of any company who infringes or prevents an employee from availing of their rights in this act, not resulting in any injury or death to the employee, shall be guilty of infringement of employee rights, and may be punished by a fine of any amount and/or imprisonment for up to one year, as well as damages to the employee.
- Injury by negligence: Any company, employer or official of any company who, by infringing or preventing an employee from availing of their rights in this act, or by neglecting their duty by this act, causes injury to the employee, shall be guilty of causing injury by negligence, and may be punished by a fine of any amount, imprisonment for up to five years, and/or up to ten canestrokes, as well as damages to the employee.
- Death by negligence: Any company, employer or official of any company who, by infringing or preventing an employee from availing of their rights in this act, or by neglecting their duty by this act, causes the death of the employee, shall be guilty of causing death by negligence, and shall be punished as if they had committed murder or manslaughter (depending on whether there was malice aforethought) under the Revised Penal Code.
§3 - Employee Rights Ombudsman
- The Employee Rights Ombudsman shall be established by the Government of Banduria. Its duty shall be to receive and fairly hear complaints from employees about violation of their rights, and apply suitable fine or prosecute the case in the courts if it falls under §2.
