Artigo 31.o - Condições de trabalho justas e equitativas
1. Todos os trabalhadores têm direito a condições de trabalho saudáveis, seguras e dignas. 2. Todos os trabalhadores têm direito a uma limitação da duração máxima do trabalho e a períodos de descanso diário e semanal, bem como a um período anual de férias pagas.
1. O n.o 1 deste artigo baseia-se na Directiva 89/391/CEE, relativa à aplicação de medidas destinadas a promover a melhoria da segurança e da saúde dos trabalhadores no trabalho. Inspira-se também no artigo 3.o da Carta Social Europeia e no ponto 19 da Carta Comunitária dos Direitos Sociais Fundamentais dos Trabalhadores, bem como, no que se refere ao direito à dignidade no trabalho, no artigo 26.o da Carta Social revista. A expressão `condições de trabalho` deve ser entendida na acepção do artigo 156.o do Tratado sobre o Funcionamento da União Europeia.
2. O n.o 2 baseia-se na Directiva 93/104/CE, relativa a determinados aspectos da organização do tempo de trabalho, bem como no artigo 2.o da Carta Social Europeia e no ponto 8 da Carta Comunitária dos Direitos Sociais Fundamentais dos Trabalhadores.
Artikel 19(...) 2. De wet stelt regels omtrent de rechtspositie van hen die arbeid verrichten en omtrent hun bescherming daarbij, alsmede omtrent medezeggenschap.
Article 28 Employees have the right to fair remuneration for their work and to satisfactory work conditions. Detailed provisions shall be set by law. Article 29 (1) Women, adolescents, and persons with health problems have the right to increased protection of their health at work and to special work conditions. (2) Adolescents and persons with health problems have the right to special protection in labour relations and to assistance in vocational training. (3) Detailed provisions shall be set by law.
Článek 28 Zaměstnanci mají právo na spravedlivou odměnu za práci a na uspokojivé pracovní podmínky. Podrobnosti stanoví zákon. Článek 29 (1) Ženy, mladiství a osoby zdravotně postižené mají právo na zvýšenou ochranu zdraví při práci a na zvláštní pracovní podmínky. (2) Mladiství a osoby zdravotně postižené mají právo na zvláštní ochranu v pracovních vztazích a na pomoc při přípravě k povolání. (3) Podrobnosti stanoví zákon.
Section 1 Preliminary.
(1)The provisions of this Part shall have effect with a view to—
(a)securing the health, safety and welfare of persons at work;
(b)protecting persons other than persons at work against risks to health or safety arising out of or in connection with the activities of persons at work;
(c)controlling the keeping and use of explosive or highly flammable or otherwise dangerous substances, and generally preventing the unlawful acquisition, possession and use of such substances; and
(d)controlling the emission into the atmosphere of noxious or offensive substances from premises of any class prescribed for the purposes of this paragraph.
Section 2 General duties of employers to their employees.
(1)It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.
(2)Without prejudice to the generality of an employer’s duty under the preceding subsection, the matters to which that duty extends include in particular—
(a)the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health;
(b)arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;
(c)the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees;
(d)so far as is reasonably practicable as regards any place of work under the employer’s control, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks;
(e)the provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work.
(3)Except in such cases as may be prescribed, it shall be the duty of every employer to prepare and as often as may be appropriate revise a written statement of his general policy with respect to the health and safety at work of his employees and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision of it to the notice of all of his employees.
(4)Regulations made by the Secretary of State may provide for the appointment in prescribed cases by recognised trade unions (within the meaning of the regulations) of safety representatives from amongst the employees, and those representatives shall represent the employees in consultations with the employers under subsection (6) below and shall have such other functions as may be prescribed.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)It shall be the duty of every employer to consult any such representatives with a view to the making and maintenance of arrangements which will enable him and his employees to co-operate effectively in promoting and developing measures to ensure the health and safety at work of the employees, and in checking the effectiveness of such measures.
(7)In such cases as may be prescribed it shall be the duty of every employer, if requested to do so by the safety representatives mentioned in subsection (4) above, to establish, in accordance with regulations made by the Secretary of State, a safety committee having the function of keeping under review the measures taken to ensure the health and safety at work of his employees and such other functions as may be prescribed.
Maximum weekly working time
4.—(1) Subject to regulation 5, a worker’s working time, including overtime, in any reference period which is applicable in his case shall not exceed an average of 48 hours for each seven days.
(2) An employer shall take all reasonable steps, in keeping with the need to protect the health and safety of workers, to ensure that the limit specified in paragraph (1) is complied with in the case of each worker employed by him in relation to whom it applies.
(3) Subject to paragraphs (4) and (5) and any agreement under regulation 23(b), the reference periods which apply in the case of a worker are—
(a)where a relevant agreement provides for the application of this regulation in relation to successive periods of 17 weeks, each such period, or
(b)in any other case, any period of 17 weeks in the course of his employment.
(4) Where a worker has worked for his employer for less than 17 weeks, the reference period applicable in his case is the period that has elapsed since he started work for his employer.
(5) Paragraphs (3) and (4) shall apply to a worker who is excluded from the scope of certain provisions of these Regulations by regulation 21 as if for each reference to 17 weeks there were substituted a reference to 26 weeks.
(6) For the purposes of this regulation, a worker’s average working time for each seven days during a reference period shall be determined according to the formula—
A is the aggregate number of hours comprised in the worker’s working time during the course of the reference period;
B is the aggregate number of hours comprised in his working time during the course of the period beginning immediately after the end of the reference period and ending when the number of days in that subsequent period on which he has worked equals the number of excluded days during the reference period; and
C is the number of weeks in the reference period.
(7) In paragraph (6), “excluded days” means days comprised in—
(a)any period of annual leave taken by the worker in exercise of his entitlement under regulation 13;
(b)any period of sick leave taken by the worker;
(c)any period of maternity leave taken by the worker; and
(d)any period in respect of which the limit specified in paragraph (1) did not apply in relation to the worker by virtue of regulation 5.
Agreement to exclude the maximum
5.—(1) The limit specified in regulation 4(1) shall not apply in relation to a worker who has agreed with his employer in writing that it should not apply in his case, provided that the employer complies with the requirements of paragraph (4).
(2) An agreement for the purposes of paragraph (1)—
(a)may either relate to a specified period or apply indefinitely; and
(b)subject to any provision in the agreement for a different period of notice, shall be terminable by the worker by giving not less than seven days' notice to his employer in writing.
(3) Where an agreement for the purposes of paragraph (1) makes provision for the termination of the agreement after a period of notice, the notice period provided for shall not exceed three months.
(4) The requirements referred to in paragraph (1) are that the employer—
(a)maintains up-to-date records which—
(i)identify each of the workers whom he employs who has agreed that the limit specified in regulation 4(1) should not apply in his case;
(ii)set out any terms on which the worker agreed that the limit should not apply; and
(iii)specify the number of hours worked by him for the employer during each reference period since the agreement came into effect (excluding any period which ended more than two years before the most recent entry in the records);
(b)permits any inspector appointed by the Health and Safety Executive or any other authority which is responsible under regulation 28 for the enforcement of these Regulations to inspect those records on request; and
(c)provides any such inspector with such information as he may request regarding any case in which a worker has agreed that the limit specified in regulation 4(1) should not apply in his case.
Length of night work
6.—(1) A night worker’s normal hours of work in any reference period which is applicable in his case shall not exceed an average of eight hours for each 24 hours.
(2) An employer shall take all reasonable steps, in keeping with the need to protect the health and safety or workers, to ensure that the limit specified in paragraph (1) is complied with in the case of each night worker employed by him.
(3) The reference periods which apply in the case of a night worker are—
(5) For the purposes of this regulation, a night worker’s average normal hours of work for each 24 hours during a reference period shall be determined according to the formula—
A is the number of hours during the reference period which are normal working hours for that worker;
B is the number of days during the reference period, and
C is the total number of hours during the reference period comprised in rest periods spent by the worker in pursuance of his entitlement under regulation 11, divided by 24.
(6) A night worker’s normal hours of work for the purposes of this regulation are his normal working hours for the purposes of the 1996 Act in a case where section 234 of that Act (which provides for the interpretation of normal working hours in the case of certain employees) applies to him.
(7) An employer shall ensure that no night worker employed by him whose work involves special hazards or heavy physical or mental strain works for more than eight hours in any 24-hour period during which the night worker performs night work.
(8) For the purposes of paragraph (7), the work of a night worker shall be regarded as involving special hazards or heavy physical or mental strain if—
(a)it is identified as such in—
(i)a collective agreement, or
(ii)a workforce agreement,which takes account of the specific effects and hazards of night work, or
(b)it is recognised in a risk assessment made by the employer under regulation 3 of the Management of Health and Safety at Work Regulations 1992(1) as involving a significant risk to the health or safety of workers employed by him.
Health assessment and transfer of night workers to day work
7.—(1) An employer—
(a)shall not assign an adult worker to work which is to be undertaken during periods such that the worker will become a night worker unless—
(i)the employer has ensured that the worker will have the opportunity of a free health assessment before he takes up the assignment; or
(ii)the worker had a health assessment before being assigned to work to be undertaken during such periods on an earlier occasion, and the employer has no reason to believe that that assessment is no longer valid, and
(b)shall ensure that each night worker employed by him has the opportunity of a free health assessment at regular intervals of whatever duration may be appropriate in his case.
(2) Subject to paragraph (4), an employer—
(a)shall not assign a young worker to work during the period between 10 p.m. and 6 a.m. (“the restricted period”) unless—
(i)the employer has ensured that the young worker will have the opportunity of a free assessment of his health and capacities before he takes up the assignment; or
(ii)the young worker had an assessment of his health and capacities before being assigned to work during the restricted period on an earlier occasion, and the employer has no reason to believe that that assessment is no longer valid; and
(b)shall ensure that each young worker employed by him and assigned to work during the restricted period has the opportunity of a free assessment of his health and capacities at regular intervals of whatever duration may be appropriate in his case.
(3) For the purposes of paragraphs (1) and (2), an assessment is free if it is at no cost to the worker to whom it relates.
(4) The requirements in paragraph (2) do not apply in a case where the work a young worker is assigned to do is of an exceptional nature.
Artículo 40 (…) 2. Asimismo, los poderes públicos fomentarán una política que garantice la formación y readaptación profesionales; velarán por la seguridad e higiene en el trabajo y garantizarán el descanso necesario, mediante la limitación de la jornada laboral, las vacaciones periódicas retribuidas y la promoción de centros adecuados.
Article 40(...) 2. Likewise, the public authorities shall promote a policy guaranteeing professional training and retraining; they shall ensure labour safety and hygiene and shall provide for the need of rest by limiting the duration of working day, by periodic paid holidays, and by promoting suitable centres.
Article 66 (Security of Employment)The state shall create opportunities for employment and work, and shall ensure the protection of both by law.
Article 1This Act shall lay down the rights and duties of employers and employees with respect to healthy and safe working practice, and measures to ensure health and safety at work.This Act shall also determine the competent bodies in the field of health and safety at work. By-laws concerning health and safety at work shall be enacted by the minister competent for labour and the minister competent for the field a given by-law shall pertain to.More specific safety measures shall be defined by an employer in accordance with this Act and other regulations.
66. člen (varstvo dela) Država ustvarja možnosti za zaposlovanje in za delo ter zagotavlja njuno zakonsko varstvo.
Article 36 Employees have the right to just and satisfying working conditions. The law guarantees, above all a) the right to remuneration for work done, sufficient to ensure them a dignified standard of living, b) protection against arbitrary dismissal and discrimination at the work place, c) labor safety and the protection of health at work, d) the longest admissible working time, e) adequate rest after work, f) the shortest admissible period of paid leave, g) the right to collective bargaining.
Čl. 36 Zamestnanci majú právo na spravodlivé a uspokojujúce pracovné podmienky. Zákon im zabezpečuje najmä a) právo na odmenu za vykonanú prácu, dostatočnú na to, aby im umožnila dôstojnú životnú úroveň, b) ochranu proti svojvoľnému prepúšťaniu zo zamestnania a diskriminácii v zamestnaní, c) ochranu bezpečnosti a zdravia pri práci, d) najvyššiu prípustnú dĺžku pracovného času, e) primeraný odpočinok po práci,
f) najkratšiu prípustnú dĺžku platenej dovolenky na zotavenie, g) právo na kolektívne vyjednávanie.
Articolul 41(...) (2) Salariatii au dreptul la masuri de protectie sociala. Acestea privesc securitatea si sanatatea salariatilor, regimul de munca al femeilor si al tinerilor, instituirea unui salariu minim brut pe tara, repausul saptamânal, concediul de odihna platit, prestarea muncii în conditii deosebite sau speciale, formarea profesionala, precum si alte situatii specifice, stabilite prin lege. (3) Durata normala a zilei de lucru este, în medie, de cel mult 8 ore.
Article 41(...) (2) All employees have the right to measures of social protection. These concern employees' safety and health, working conditions for women and young people, the setting up of a minimum gross salary per economy, weekends, paid rest leave, work performed under difficult and special conditions, as well as other specific conditions, as stipulated by the law. (3) The normal duration of a working day is of maximum eight hours, on the average.
Artigo 59.º (Direitos dos trabalhadores) 1. Todos os trabalhadores, sem distinção de idade, sexo, raça, cidadania, território de origem, religião, convicções políticas ou ideológicas, têm direito: a) À retribuição do trabalho, segundo a quantidade, natureza e qualidade, observando-se o princípio de que para trabalho igual salário igual, de forma a garantir uma existência condigna; b) A organização do trabalho em condições socialmente dignificantes, de forma a facultar a realização pessoal e a permitir a conciliação da actividade profissional com a vida familiar; c) A prestação do trabalho em condições de higiene, segurança e saúde; d) Ao repouso e aos lazeres, a um limite máximo da jornada de trabalho, ao descanso semanal e a férias periódicas pagas; e) À assistência material, quando involuntariamente se encontrem em situação de desemprego; f) A assistência e justa reparação, quando vítimas de acidente de trabalho ou de doença profissional. 2. Incumbe ao Estado assegurar as condições de trabalho, retribuição e repouso a que os trabalhadores têm direito, nomeadamente: a) O estabelecimento e a actualização do salário mínimo nacional, tendo em conta, entre outros factores, as necessidades dos trabalhadores, o aumento do custo de vida, o nível de desenvolvimento das forças produtivas, as exigências da estabilidade económica e financeira e a acumulação para o desenvolvimento; b) A fixação, a nível nacional, dos limites da duração do trabalho; c) A especial protecção do trabalho das mulheres durante a gravidez e após o parto, bem como do trabalho dos menores, dos diminuídos e dos que desempenhem actividades particularmente violentas ou em condições insalubres, tóxicas ou perigosas; d) O desenvolvimento sistemático de uma rede de centros de repouso e de férias, em cooperação com organizações sociais; e) A protecção das condições de trabalho e a garantia dos benefícios sociais dos trabalhadores emigrantes; f) A protecção das condições de trabalho dos trabalhadores estudantes. 3. Os salários gozam de garantias especiais, nos termos da lei.
Article 59 (Workers' rights) (1) Regardless of age, sex, race, citizenship, place of origin, religion and political and ideological convictions, every worker shall possess the right: (a) To the remuneration of his work in accordance with its volume, nature and quality, with respect for the principle of equal pay for equal work and in such a way as to guarantee a proper living; (b) That work be organised in keeping with social dignity and in such a way as to provide personal fulfilment and to make it possible to reconcile professional and family life; (c) To work in conditions that are hygienic, safe and healthy; (d) To rest and leisure time, a maximum limit on the working day, a weekly rest period and periodic paid holidays; (e) To material assistance when he involuntarily finds himself unemployed; (f) To assistance and fair reparation when he is the victim of a work-related accident or occupational illness. (2) The state shall be charged with ensuring the working, remuneratory and rest-related conditions to which workers are entitled, particularly by: (a) Setting and updating a national minimum wage which, among other factors, shall have particular regard to workers’ needs, increases in the cost of living, the level to which the sectors of production have developed, the requirements imposed by economic and financial stability, and the accumulation of capital for development purposes; (b) Setting national limits on working hours; (c) Ensuring special work-related protection for women during pregnancy and following childbirth, as well as for minors, the disabled and those whose occupations are particularly strenuous or take place in unhealthy, toxic or dangerous conditions; (d) In cooperation with social organisations, ensuring the systematic development of a network of rest and holiday centres; (e) Protecting emigrant workers’ working conditions and guaranteeing their social benefits; (f) Protecting student workers’ working conditions. (3) Salaries shall enjoy special guarantees, as laid down by law.
Article 24Work shall be protected by the Republic of Poland. The State shall exercise supervision over the conditions of work.Article 65(...) 4. A minimum level of remuneration for work, or the manner of setting its levels shall be specified by statute.(...)Article 661. Everyone shall have the right to safe and hygienic conditions of work. The methods of implementing this right and the obligations of employers shall be specified by statute.2. An employee shall have the right to statutorily specified days free from work as well as annual paid holidays; the maximum permissible hours of work shall be specified by statute.
Art. 24Praca znajduje się pod ochroną Rzeczypospolitej Polskiej. Państwo sprawuje nadzór nad warunkami wykonywania pracy. Art. 65(...) 4. Minimalną wysokość wynagrodzenia za pracę lub sposób ustalania tej wysokości określa ustawa.Art. 661. Każdy ma prawo do bezpiecznych i higienicznych warunków pracy. Sposób realizacji tego prawa oraz obowiązki pracodawcy określa ustawa.2. Pracownik ma prawo do określonych w ustawie dni wolnych od pracy i corocznych płatnych urlopów; maksymalne normy czasu pracy określa ustawa.
Article 23 Right to equal treatment
‘1. Seasonal workers shall be entitled to equal treatment with nationals of the host Member State at least with regard to:
(a) terms of employment, including the minimum working age, and working conditions, including pay and dismissal, working hours, leave and holidays, as well as health and safety requirements at the workplace;‘
(3) The free movement of workers gives every citizen of the Union, irrespective of his or her place of residence, the right to move freely to another Member State in order to work there and/or to reside there for work purposes. It protects them against discrimination on grounds of nationality as regards access to employment, conditions of employment and work, in particular with regard to remuneration, dismissal, and tax and social advantages, by ensuring their equal treatment, under national law, practice and collective agreements, in comparison to nationals of that Member State. Such rights should be enjoyed without discrimination by all Union citizens exercising their right to free movement, including permanent, seasonal and frontier workers. The free movement of workers needs to be distinguished from the freedom to provide services, which includes the right of undertakings to provide services in another Member State, for which they may post their own workers to another Member State temporarily in order for them to carry out the work necessary to provide services in that Member State.
‘(14) Ensuring that minimum standards are in place and that working conditions improve constantly in the Union is a central feature of Union social policy. The Union has an important role to play in ensuring that the legislative framework is adapted to evolving work patterns and new health and safety risks, taking into account 'decent work' as well as 'Smart Regulation' principles. The Union also has an important role to play in financing measures to improve compliance with labour standards under ratified International Labour Organisation (ILO) conventions and Union rules on the protection of workers' rights. This is particularly the case of measures for raising awareness (e.g. through a social label), for disseminating information and for promoting the debate about the key challenges and policy issues in relation to working conditions, including among the social partners and other stakeholders, as well as for promoting work-life balance measures, for initiating preventive actions and for fostering the prevention culture in the field of health and safety at work.‘
Article 1 Subject matter
‘1. This Regulation establishes a European Union Programme for Employment and Social Innovation ('the Programme') which aims to contribute to the implementation of Europe 2020, including its headline targets, Integrated Guidelines and flagship initiatives, by providing financial support for the Union's objectives in terms of promoting a high level of quality and sustainable employment, guaranteeing adequate and decent social protection, combating social exclusion and poverty and improving working conditions.‘
Article 4 General objectives of the Programme
‘1. The Programme shall seek to achieve the following general objectives:
(a) strengthen ownership among policy-makers at all levels, and produce concrete, coordinated and innovative actions at both Union and Member State level, in respect of the Union objectives in the fields referred to in Article 1, in close collaboration with the social partners, as well as civil society organisations and public and private bodies;
(b) support the development of adequate, accessible and efficient social protection systems and labour markets and facilitate policy reform, in the fields referred to in Article 1, notably by promoting decent work and working conditions, a prevention culture for health and safety at work, a healthier balance between professional and private life and good governance for social objectives, including convergence, as well as mutual learning and social innovation; [...]‘
V. Rights and social protection
‘17. Members should:
(a) take immediate measures to address the unsafe and unhealthy working conditions that often characterize work in the informal economy; and
(b) promote and extend occupational safety and health protection to employers and workers in the informal economy.
18. Through the transition to the formal economy, Members should progressively extend, in law and practice, to all workers in the informal economy, social security, maternity protection, decent working conditions and a minimum wage that takes into account the needs of workers and considers relevant factors, including but not limited to the cost of living and the general level of wages in their country.
19. In building and maintaining national social protection floors within their social security system and facilitating the transition to the formal economy, Members should pay particular attention to the needs and circumstances of those in the informal economy and their families.
20. Through the transition to the formal economy, Members should progressively extend the coverage of social insurance to those in the informal economy and, if necessary, adapt administrative procedures, benefits and contributions, taking into account their contributory capacity.
21. Members should encourage the provision of and access to affordable quality childcare and other care services in order to promote gender equality in entrepreneurship and employment opportunities and to enable the transition to the formal economy.‘