Pay
Is there a national minimum wage and, if so, what is it?


Angola
Miranda & Associados

Yes. The national minimum wage is set according to industry sector. Presidential Decree 144/14 (June 9 2013) established the following values for the national minimum wage:

  • commerce and mining – Kz22,504.50 (approximately $230);
  • transport, services and manufacturing – Kz18,754 (approximately $190); and
  • agriculture – Kz15,003 (approximately $160).

Armenia
ELL Partnership LLC

According to the Law on the Minimum Monthly Wage, the minimum monthly wage is Dram 55,000, excluding taxes (approximately €100). The minimum wage has increased by 10% to 15% almost every year since 2011.

The minimum salary does not include bonuses, additional payments, awards and other incentive payments.

Austria
Graf & Pitkowitz

Minimum wages are typically set by collective bargaining agreements and depend on:

  • the classification of the position, based on qualifying criteria within the relevant collective bargaining agreement; and
  • the employee’s length of previous employment.

Collective bargaining agreements apply to foreign employees working in Austria. However, no national minimum wage exists, with some exceptions (eg, the minimum wage for apprentices); as such, salary and wages in certain sectors can be negotiated freely. Most employees are covered under applicable bargaining agreements and benefit from the minimum wages set out therein. 

Belgium
Van Bael & Bellis

In principle, the contracting parties are free to determine the level of remuneration. Typically, this will be a fixed amount, a variable commission fee or a combination of the two. However, in most industrial sectors, collective bargaining agreements set minimum wages for each category of employee or function. Where the minimum wage is determined by a collective bargaining agreement, the parties to an employment agreement may not deviate from it. For sectors where no specific collective bargaining agreement exists, national Collective Bargaining Agreement 43 imposes a guaranteed minimum monthly gross remuneration of approximately:

  • €1,387.49 (for employees aged 21 and over);
  • €1,424.31 (for employees aged 21.5 and over with at least six months’ seniority); and
  • €1,440.67 (for employees aged 22 and over with at least 12 months’ seniority).

This amount is adjusted regularly with reference to the consumer products index. 

Canada
Miller Thomson LLP

Canada has no national minimum wage. The minimum wage for federally regulated employees in each province and territory is the same as the minimum wage applicable to provincially regulated employees in that province or territory. The minimum wage rates in the provinces and territories are adjusted periodically. As of July 1 2015, those rates range from $10.20 to $12.50 per hour. 

France
Seyfarth Shaw LLP

The national minimum wage in France is known as the SMIC and is adjusted every year. For 2015 the SMIC is €9.61 per hour. National collective bargaining agreements may provide for a higher minimum wage, depending on the employee’s grade and length of service.

Germany
Vangard

The Minimum Wage Act provides for a minimum hourly wage of €8.50 gross, which is the lowest limit for the compensation of employees in Germany.

Wages are primarily governed by:

  • statutes (eg, on the minimum wage);
  • collective bargaining agreements (where applicable or generally binding); and
  • where a works council exists, shop agreements.

Iceland
Logos Legal Services

Icelandic law and regulations on employment do not provide for an official national minimum wage, regardless of occupation. However, collective agreements between unions and employer associations (for certain professions) are generally binding, which means that they also apply to non-union members. Wages and other employment terms contained in collective agreements are considered the legal minimum terms for the occupational sectors to which they apply.

India
Kochhar & Co

There is no national minimum wage. However, the central and state governments can issue notifications on minimum wages in specific industries. The federal government recently set the recommended minimum wage to Rs160 per day and advised state governments to implement the same.

Israel
Barnea & Co

Under the Minimum Wage Law, the statutory minimum wage is IS4,825 per month for a full-time position. This is accurate as of July 1 2016 and will be adjusted again on January 1 2017 to IS5,000. Further adjustments will be published. 

Japan
Iwata Godo

The Minimum Wage Law provides for a minimum wage. Wages differ per region and industry and the minimum hourly wage in Tokyo is Y888. 

Luxembourg
Loyens & Loeff

The applicable minimum wage is €2,307.56 (Index 775.17) for skilled workers and €1,922.96 (Index 775.17) for unskilled workers.

Mozambique
Miranda & Associados

The national minimum wage is set according to the economic sector. The following national minimum wages were defined by the government for 2015:

  • Ministerial Diploma 68/2015 (Sector I - Agriculture, Forestry, Hunting and Livestock) – MT3,183;
  • Ministerial Diploma 69/2015 (Sector II – Fisheries) – MT3,500 for workers employed in industrial and semi-industrial maritime fisheries and MT3,000 for workers employed in kapenta fisheries;
  • Ministerial Diploma 70/2015 (Sector III - Minerals Extractive Industry) – MT5,643.34 for workers employed by large companies, MT4,539.05 for quarry and sandpit workers and MT4,176 for saltpan workers;
  • Ministerial Diploma 71/2015 (Sector IV - Transformative Industry) – MT4,815, except for workers employed in the baking industry, whose minimum wage is MT3,790;
  • Ministerial Diploma 72/2015 (Sector V - Water, Gas and Electrical Production and Distribution) – MT5,402 for workers employed by large companies and MT4,851 for workers employed by small and medium-sized companies;
  • Ministerial Diploma 73/2015 (Sector VI - Construction) – MT4,483;
  • Ministerial Diploma 74/2015 (Sector VII - Non-Financial Services) – MT4,676; and
  • Ministerial Diploma 75/2015 (Sector VIII - Financial Services) – MT8,050 for workers employed by banks and insurers and MT7,800 for workers employed in micro-finance, micro-insurance or other finance ancillary or intermediary entities).

Netherlands
Shearwaters

Yes. On the basis of the Minimum Wage and Minimum Holiday Allowance Act, all employees aged 23 and above are entitled to a gross minimum wage per month. As of July 1 2015, the monthly minimum wage is €1,507.80 gross. Employees under the age of 23 are entitled to a certain percentage of this minimum wage. 

Saudi Arabia
Clyde & Co LLP

There is no minimum wage. However, the Labour Law states that the Council of Ministers shall set a minimum wage if it becomes necessary.

In order for a Saudi national to be included in the quota set down by the regulations on the employment of nationals in the private sector, the employee must be paid at least Sr3,000 a month.

Switzerland
Pestalozzi Attorneys at Law Ltd

Switzerland has no national minimum wage. Some collective bargaining agreements provide for minimum wages and these agreements may apply to a specific industry. Further, the Cantons of Neuchatel and Jura have adopted minimum wages and the Canton of Ticino is debating whether to vote on this issue.

United Kingdom
Mayer Brown LLP

The national minimum wage applies to all workers over the compulsory school leaving age of 16 years old. National minimum wage rates differ depending on the age of the worker and whether he or she is in training. The current standard adult rate of national minimum wage is £6.50 per hour (October 1 2014 to September 30 2015).

USA
Ogletree Deakins

The Fair Labour Standards Act of 1938 generally requires the payment of a statutorily prescribed minimum wage to all covered employees except certain younger workers, who may be paid a sub-minimum training wage for up to 180 days. The current federal minimum wage is $7.25 per hour.

Some states have enacted legislation requiring the payment of wages in excess of the federal minimum wage.

Are there restrictions on working hours?

Angola
Miranda & Associados

The maximum normal working hours are 44 hours a week and eight hours a day, Monday to half-day Saturday. The weekly limit may be extended to 54 hours for shift, modular or variable working hours where a recovery timetable applies, the work is intermittent or the employee's mere presence is required.

The daily work limits may also be extended:

  • to nine hours a day when the work is intermittent or requires the mere presence of the employee, and the employer concentrates the working week in five consecutive days;
  • to 10 hours a day when the work is intermittent or requires the mere presence of the employee and the employer adopts shift, modular or variable working hours, or where a recovery timetable applies; and
  • to 12 hours a day for rotational work timetables of up to four weeks of consecutive work followed by an equal period of rest.

Working hours exceeding these limits are deemed to be overtime.

Armenia
ELL Partnership LLC

Working hours cannot exceed 40 hours per week.

The daily period of work must not exceed eight working hours, except for the exceptions set out in the Labour Code, other laws, normative legal acts and any collective agreement. Including overtime, work cannot exceed 12 hours daily (including rest and meal breaks) and 48 hours weekly.

The working time of employees in specific categories (eg, healthcare organisations working on an uninterrupted shift basis, guardianship organisations and utility supply organisations) may amount to 24 hours a day. However, the working time of such employees must not exceed 48 hours weekly and the rest period between working days must not be less than24 hours. The list of these jobs is set by the government.

The duration (including meal and rest breaks) of an employee’s working day, where the employee has two or more employment contracts with the same employer or with different employers, cannot exceed 12 hours daily.

Shorter working times are as follows:

  • 24 hours per week for employees aged 14 to 16;
  • 36 hours per week for employees aged 16 to 18; and
  • for employees who work in an environment where it is not possible to reduce the level of harmful factors to that defined by health and safety legislation due to technical or other reasons, no more than 36 hours per week.

For employees performing work which involves heavy mental and emotional strain, the order and conditions of shortened working hours are determined by the law or a collective or employment agreement. 

Austria
Graf & Pitkowitz

Under the Working Time Act, the regular maximum working hours are 40 hours per week and eight hours per day. Overtime must not result in working time of more than 10 hours per day or 50 hours per week. The act allows those limits to be increased to 13 hours per day and 60 hours per week if specific working time models apply (eg, models including standby time).

Belgium
Van Bael & Bellis

Standard working hours may not exceed eight hours per day or 38 hours per week. However, it is permissible to provide for a 40-hour working week whereby the extra weekly working hours are compensated for with time off. Although in Belgium the working week is commonly limited to five days, the Labour Act provides that work may be performed over six days per week. In many sectors, collective bargaining agreements have limited the working week to five working days and to 37 or 38 hours per week.

Canada
Miller Thomson LLP

For most occupations, the standard working hours are eight hours per day and 40 hours per week; the maximum number of working hours per week is 48. Employees may work more than 48 hours per week in an emergency. An employer and its employees (or the union representing the employees) can agree to modify the application of these rules to some degree. However, a government permit is generally mandatory to require or permit an employee to work hours regularly in excess of 48 hours per week. The standard and maximum working hours are higher for certain occupations (eg, bus and truck drivers). 

France
Seyfarth Shaw LLP

French law and the EU Working Time Directive contain many restrictions on working hours. Working time is defined by day, week or year. 

Germany
Vangard

Working hours are primarily governed by:

  • the Working Time Act;
  • the Youth Labour Law;
  • collective bargaining agreements; and
  • specific working time provisions in some industries (eg, airlines, logistics and railways).

The Working Time Act provides that the regular working hours in a working day may not exceed eight hours. ‘Working days’ are defined as Monday to Saturday; thus, a maximum of 48 hours a week is possible. The hours in a working day may be extended to a maximum of 10 hours if, over six calendar months or within 24 weeks, an average of eight hours per working day is not exceeded.

Further increases are possible under certain conditions (eg, under a collective labour agreement or shop agreement, or with permission from the relevant authority).

Iceland
Logos Legal Services

According to the Act on Working Environment, Health and Safety in Workplaces (46/1980), the maximum working hours per week – including overtime – may not exceed 48 hours on average during each four-month period.

Working hours must be arranged to allow employees at least 11 consecutive hours of rest each day and at least one day off each week.

India
Kochhar & Co

By and large, working up to nine hours a day is permitted. There are laws that restrict women from working at night. Some states also have a maximum number of hours of overtime that can be worked. 

Israel
Barnea & Co

A typical working week in Israel runs from Sunday to Thursday and is 43 hours long. Accordingly, the regular working day of an employee employed for a five-day week (Sunday to Thursday) is 8.6 hours. Employees employed for a six-day week will work eight hours a day from Sunday to Thursday, with an additional three working hours on Friday.

Any working hours in excess of the regular daily hours (ie, more than eight or 8.6 hours per day) and/or in excess of the regular weekly hours (ie, more than 43 hours) are considered overtime.

Generally, the Hours of Work and Rest Law forbids overtime. However, a general permit issued by the Labour Ministry permits overtime, subject to the following restrictions:

  • Employees working a six-day week cannot be employed for more than four hours of overtime per day and 12 hours of overtime per week.
  • Employees working a five-day week cannot be employed for more than four hours of overtime per day and 15 hours of overtime per week.

Under the law, a break of no less than eight hours must divide one working day from the next; otherwise, the two days will be considered one working day and the employee will be entitled to overtime pay for the second day.

Every employee is entitled to weekly rest of no less than 36 consecutive hours. With respect to Jewish employees, Saturday must be included in the weekly rest; an employee of any other religion may choose his or her weekly rest between Friday, Saturday or Sunday. The Labour Ministry is authorised to issue regulations deviating from the general provisions regarding weekly rest, reducing it to a minimum of 25 weekly hours. Employment is forbidden during weekly rest unless permitted by a general or specific permit issued by the Labour Ministry. An employee is entitled to special weekly rest work compensation of no less than 150% of his or her regular salary for every hour of work during weekly rest hours.

Japan
Iwata Godo

The statutory working week is 40 hours per week or eight hours per day, excluding breaks. This statutory requirement is subject to a number of business-related exceptions, under which 44-hour working weeks are acceptable. Employers must obtain and file a labour management agreement (Article 36 of the Labour Standards Law) with the Labour Standards Inspection Office if they wish employees to work over the statutory working hours or on statutory days off. Strictly speaking, there is no legal limit on the extension of working hours (except for hazardous work), provided that an Article 36 agreement has been filed.

Certain standards contained in the Labour Standards Law are designed to moderate overtime work (although a labour management agreement will prevail over these standards). The standard overtime work limits are as follows:

  • one week – 15 hours;
  • two weeks – 27 hours;
  • four weeks – 43 hours;
  • one month – 45 hours;
  • two months – 81 hours;
  • three months – 120 hours; and
  • one year – 360 hours.

Employees working over the statutory working hours, on statutory days off or late-night hours (between 10:00pm and 5:00am) must receive overtime pay. Managers are not subject to the regulations on working hours, breaks and days off (except for late-night work), but the definition of a ‘manager’ in this context is narrowly construed by the labour authorities and courts. 

Luxembourg
Loyens & Loeff

The normal working time is eight hours per day and 40 hours per week.

The normal duration of work may be extended to a maximum of 10 hours per day and 48 hours per week, including overtime.

Mozambique
Miranda & Associados

Among other international labour organisation conventions, Mozambique has ratified the Hours of Work (Industry) Convention (1) and the Weekly Rest (Industry) Convention (14). Accordingly, the Labour Law provides that normal working hours cannot exceed eight hours per day and 48 hours per week.

The maximum number of hours that an employee works per day may be increased to nine hours if the employer grants him or her an additional half day’s rest per week.

Netherlands
Shearwaters

Yes. Employees’ working hours are restricted by the Working Hours Act. The act contains a number of restrictions, inlcuding in relation to maximum working hours, breaks andresting hours, night shifts, on-call duty and Sunday labour. Most restrictions do not apply to employees earning more than three times the minimum wage and minimum holiday allowance. Maximum working hours are:

  • 12 hours per shift, 60 hours per week and 48 hours per week in a period of 16 consecutive weeks; and
  • 55 hours per week in a period of four consecutive weeks.

Rest hours are set at 36 hours in each consecutive period of seven times per 24 hours, or 72 hours in each consecutive period of 14 times per 24 hours, which can be split into periods of at least 32 hours each.

Saudi Arabia
Clyde & Co LLP

The maximum working hours (except for senior employees and managers, who are exempt from relevant provisions) are eight hours a day and 48 hours in a six-day week. An employee's total working hours, including overtime, should not exceed 10 hours a day or 60 hours in a six-day week. Friday is the weekly rest day for all workers. There is also an annual overtime cap of 481 hours.

Certain sectors can operate a nine-hour day, while some are required to operate a seven-hour day for health and safety reasons. The Ministry of Labour sets the maximum number of permitted overtime hours that an employee can be asked to work.

During Ramadan, the statutory working hours are reduced by two hours for Muslim employees. 

Switzerland
Pestalozzi Attorneys at Law Ltd

For employees working in industry, office personnel and employees working in larger retail shops, the maximum weekly working time is 45 hours. For all other employees, the maximum weekly working time is 50 hours. Working hours above these limits are possible only within defined limits and must be compensated by time off or pay with a 25% surcharge.

United Kingdom
Mayer Brown LLP

Under the Working Time Regulations, workers are restricted from working for more than 48 hours per week, on average. The average is normally calculated over a 17-week reference period. However, the regulation permits employers to ask their workers to consent in writing to opt-out of the 48-hour weekly working limit, provided that the workers have the right to cancel their opt-out by giving at least seven days’ notice (and up to a maximum of three months’ notice) at any time.

USA
Ogletree Deakins

There are no federal restrictions in the United States on employee working hours. 

Some states have enacted legislation requiring mandatory meal and rest breaks.

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