Essential Exceptions in Labor ...

Exceptions to the Application of Articles 98 and 101 of the Labor Law

In the context of organizing work and ensuring justice and balance between the rights of workers and employers, the Labor Law sets precise regulations for organizing working hours and leaves. However, to ensure flexibility and suitability for the nature of certain jobs and tasks, the law stipulates some exceptions to the application of Articles 98 and 101. Here is an explanation of these exceptions:

1. High Administrative Positions

Individuals occupying high-responsibility positions in management and direction are exempted from the provisions of the articles. These exceptions are due to the special nature of these positions, which require making important decisions and directing various activities within the institution. Since the occupants of these positions enjoy the authority of the employer over the workers, they need greater flexibility in working hours and activities.

2. Preparatory and Complementary Tasks

Preparatory or complementary tasks that must be completed before or after regular working hours are considered necessary activities for the effective continuation of work. For example, preparing equipment before work starts or cleaning machines after the work period ends. Because these tasks precede or follow regular working hours, they are exempted from the provisions that define standard working hours.

3. Necessarily Intermittent Work

Intermittent work by nature requires irregular or intermittent working periods. For instance, some agricultural or seasonal work that needs to be done only at specific times, making it necessary to organize working hours with greater flexibility that matches the nature of the work.

4. Security and Cleaning Workers

The category dedicated to security and cleaning is exempted from the working hours provisions, except for civilian security guards. This exemption is due to the need for this category to be continuously present to ensure the cleanliness and safety of work sites throughout the day. The executive regulation of the Labor Law specifies the types of these tasks and the maximum working hours for them.

Conclusion

These exceptions cater to practical and necessary needs in certain fields, helping to achieve a balance between work flexibility and ensuring workers' rights. Through these exceptions, the law aims to provide a suitable and balanced work environment that meets the needs of all concerned parties.