4x3 shifts have been usually implemented in two-week cycles. On the first week, 12 hours are worked on the day shift for 4 days and there are 3 days off. 8 hours are paid at regular rate and the rest, that is, 4 hours, are paid as overtime. On the second week, 12 hours are worked during the night shift for 3 days and there are 4 days off. Per day worked, 6-night hours are paid (1.33 rate) and 6 night overtime hours are paid (1,33 * 1.5).
So far, this common practice has not been regulated and there is an administrative tolerance from the relevant authorities regarding its use, provided the overtime is paid correctly. It is known as the 4X3 shift or compressed shift.
With the Bill currently under discussion in Congress, an amendment to the Labor Code is proposed, through which the hourly workers could be eligible for the following options:
- Accumulative shift of 10 hours per day, 5 days a week in day shift or 9.36 hours in mixed or afternoon shift. All worked hours would be paid at normal rate.
- •Extended shift of 12 hours per day for a maximum of 4 days, which would we all be paid as regular hours and subject to the following conditions:
- Three continous days off
- The days off must be agreed by the parties.
- Overtime work would be allowed only during the days off and un no case on the rest day. That is, no overtime is allowed during the 4 work days.
- Pay slips. These shall include the detail of the amounts paid for overtime, work on holidays or on rest days. The worker will be entitled to request this information at any time.
- Annual shift. In season or temporary activities, as well as raw material ones, it will be possible to have an annual shift of 2400 for day shift and 1800 for night shift, subject to the following conditions:
- oAuthorization. The local Occupational Health Council will define which activities and workplaces may apply this anual shift.
- oWeekly limits. The weekly working hour limits of 48 and 46 hours will still apply.
- oDaily shift limits. The work hours cannot be under 6 hours nor exceed 10 hours per day.
- oQuarterly calendar. The hours to be worked must be included in a quarterly calendar which must be delivered to the worker at least two calendar weeks before work begins.
- oOvertime. In this shift, overtime would operate once the weekly maximum work hours is reached.
- oTermination payments. In case of termination without cause before the quarterly calendar is completed, the worked is entitled to a payment in which any hour worked above 8 hours for the day shift and six hours for the night shift are paid as overtime. Also, the termination payment calculation shall consider all income of the previous 12 months.
- oMinimum wage. Even though this shift is based on hourly payment, the monthly income cannot be lower than the minimum wage.
- oBreaks. Under this shift workers shall have the right to one hour break.
- oPregnant and breastfeeding women. They shall have the right to ask not to work on this shift.
- oEmployer obligations. The employers should facilitate transportation for the workers and care for the children of said workers.
Related Practice Areas:
