Right and Standards at Work Act, 1706

Right and Standards at Work Act, 1706

Cortes Federales
Long title	An Act To Improve Standards and the Rights of Workers in the Workplace, Set a Minimum Wage, Establish Paid Leave, National Public Holidays; Among Other Purposes.
Number	002
Introduced by	Deputy Itziar Franco, Deputy from Alduria (SDLA)
Extent	Federation of Nouvelle Alexandrie
Dates
Royal Assent	13.VI.1706 AN
Commencement	13.VI.1706 AN
Text of statute as originally enacted

Legislative history

Status	Date	Tabled By	Vote Outcome
Introduced in the Federal Assembly	1706 AN	Deputy Itziar Franco (SDLA)
Debated in the Federal Assembly	1706 AN
Passed in the Federal Assembly	1706 AN		XXX Ayes, XXX Noes, and XXX abstentions
Debated in the Chamber of Peers	1706 AN
Passed in the Chamber of Peers	1706 AN		3 Ayes, 0 Nays and 1 abstention
Royal Assent	1706 AN

Text

RIGHTS AND STANDARDS AT WORK ACT, 1706

Ordered, by the Cortes Federales of Nouvelle Alexandrie,
to be Printed, 1706 AN.

_______________________________

BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Cortes Federales, in this present 1st session assembled, and by the authority of the same, as follows:-

PART I
GENERAL PROVISIONS.

1. CITATION.

1. This Act shall be officially cited as the “Rights and Standards at Work Act, 1706”.

PART II
WAGES.

2. MINIMUM WAGE.

1. The minimum wage shall rise to €7.50 per hour on 1.I.1707 AN.
2. The minimum wage shall rise to €9.00 per hour on 1.I.1708 AN.
3. The minimum wage shall rise to €10.50 per hour on 1.I.1709 AN.
4. The minimum wage shall be adjusted for inflation yearly on the first day of every year starting 1.I.1710 AN.

PART III
HEALTH AND SAFETY.

3. FIRE SAFETY.

1. A “responsible individual” is defined as follows:
   1. A responsible individual is the person responsible for ensuring the safety from the risk of a fire on non-domestic premises.
2. You are a responsible individual if you are:
   1. An employer;
   2. The owner;
   3. The landlord;
   4. An occupier;
   5. A facilities manager;
   6. A building manager;
   7. A managing agent;
   8. A risk assessor;
   9. Anyone else with control of the premises.
3. A responsible individual must:
   1. Carry out a fire risk assessment of the premises and review it regularly;
   2. Inform staff or their representatives about any and all risks identified;
   3. Put in place, and maintain, appropriate fire safety measures;
   4. Plan for an emergency;
   5. Provide staff information, fire safety instructions and training.
4. For the purposes of this legislation, non-domestic premises are:
   1. All workplaces and commercial premises;
   2. All premises the public have access to;
   3. The common areas of multi-occupied residential buildings.
5. In the case that there is more than one responsible individual, there must be co-ordination on fire safety plans to ensure people on and/or around the premises are safe.

For common or shared areas, the responsible individual is:

1. 1. The landlord;
   2. The freeholder;
   3. The managing agent.

4. SHIPS.

1. Operators of seagoing ships or small commercial vessels must protect the health and safety of workers by:
   1. Ensuring the safety of machinery and equipment;
   2. Ensuring the vessels are safely manned and all workers have the necessary qualifications;
   3. Having the appropriate emergency procedures and equipment;
   4. Providing health protections and medical care;
   5. Doing regular risk assessments;
   6. Supplying necessary protective clothing and equipment;
   7. Monitoring maritime safety information broadcasts;
   8. Consulting with workers or their representatives on health and safety matters.
2. Workers must receive basic health and safety training at least once every 6 months.
3. The ship must have a written health and safety policy that sets out how health and safety shall be managed.

5. FARM VEHICLES AND MACHINERY.

1. Owners or managers of a farm are responsible for ensuring the health and safety of workers and anyone who is affected by the work done
2. Owners or managers of a farm must:
   1. Carry out an assessment of any risks related to the farm;
   2. Have a plan to manage the risks and protect people from harm;
   3. Plan and set standards to ensure that health and safety practices work;
   4. Do regular inspections and monitoring.
3. Owners or managers of a farm must ensure that all farming vehicles and equipment are:
   1. Safe to use;
   2. Appropriate for the tasks they are used for;
   3. Their safety risks are reduced as much as possible.

6. SMOKING IN THE WORKPLACE.

1. Smoking shall be illegal in any enclosed workplace, public building or on public transport, coming into force on 1.I.1707 AN.
2. Workers will be fined between €50 and €150 if found to have broken this law, with each Region of the Federation setting its own rate.
3. Business must:
   1. Display ‘no smoking’ signs in all workplaces and vehicles;
   2. Ensure people do not smoke in enclosed work premises or shared vehicles;
   3. Not allow ‘staff smoking rooms’.
4. If found to have not complied with these rules, the business will be fined between €1,000 and €3,500, with each Region of the Federation setting its own rate.
5. Residential care homes and hospices may provide individual smoking rooms, but only for the use of residents on the condition that:
   1. The room is well ventilated;
   2. The smoke does not get into other rooms.

7. SUSPENSION FROM WORK FOR MEDICAL REASONS.

1. An employer can suspend an employee from work if their health and safety is in danger. This can be either a:
   1. Medical suspension;
   2. Maternity suspension;
2. Before an employee can be suspended for maternity reasons, there are additional rules for employees who:
   1. Could become pregnant;
   2. Are pregnant;
   3. Gave birth less than six months ago;
   4. Are breastfeeding.
3. The employer must follow these steps in order, and may only move on to the next step if the situation is not resolved. The steps are as follows:
   1. Take reasonable steps to remove, reduce or control any risks to the employee and their baby;
   2. Try to temporarily adjust the employee’s working conditions or working hours;
   3. Offer the employee suitable alternative work on their normal terms and conditions;
   4. Suspend the employee for as long as the employee, or their baby, is in danger.
4. Employees are entitled to their normal pay, including bonuses, for up to 26 weeks.
   1. Employees will not have the right to pay if they:
   2. Are an independent contractor or agency worker;
   3. Refuse other suitable work from their employer without good reason;
   4. Are not available when needed for suitable alternative work.

PART IV
PUBLIC HOLIDAYS.

8. NATIONAL PUBLIC HOLIDAYS.

1. National public holidays shall be determined to commemorate the memorable days or moments of the nation.
2. National public holidays may be established as follows:
   1. Through Royal Decree, countersigned by the President of the Government and approved by the Council of State;
   2. Through an Act of the Cortes Federales that obtains proper constitutional passage.
3. National holidays may be established of a temporary or permanent nature, to be specified through the Royal Decree or Act of the Cortes Federales.
4. The National public holidays of the Federation of Nouvelle Alexandrie shall be as follows:
   1. New Year’s Day (1.I)
   2. Federation Day (5.II)
   3. Wechua Day (7.II)
   4. Alduria Day (24.III)
   5. Constitution Day (3.IV)
   6. Feast of Edgard II (16.IV)
   7. Alexandria Day (7.V)
   8. Labor Day (18.VI)
   9. Solidarity Day (12.VIII)
   10. Remembrance Day (11.XI)
   11. Nazarene Feasts, such as Christmas Eve, Christmas, and Boxing Day (24.XII, 25.XII, 26.XII)
   12. Days of the Sun (10.XIII, 11.XIII)
   13. Mother’s Day (18.XIV)
   14. Father’s Day (5.XV)

PART V
PAID LEAVE.

9. STATUTORY LEAVE ENTITLEMENT.

1. Through the Social Solidarity program, workers in Nouvelle Alexandrie are entitled to at least 6 weeks’ paid holiday per calendar year, called “statutory leave”.
2. Employers can offer more than the minimum statutory leave, and receive a tax deduction on their corporate taxes in accordance to Royal Decree or Departmental Order of the Secretary of Social Security and National Solidarity, in coordination and consultation with the Secretary of Treasury.
3. Public holidays do not have to be given as statutory leave.
4. Employers can choose to include public holidays as part of a worker’s statutory leave.
5. Workers have the right to:
   1. Get paid during leave;
   2. Accrue holiday entitlement during maternity, paternity or adoption leave;
   3. Accrue holiday entitlement while off work sick;
   4. Request holiday at the same time as sick leave.

10. STATUTORY MATERNITY LEAVE.

1. Statutory maternity leave is the entitlement of all pregnant workers
2. Statutory maternity leave is made up of:
   1. Ordinary Maternity Leave - the first 26 weeks;
   2. Additional Maternity Leave - the last 26 weeks.
3. Eligible workers are not required to use all 52 weeks of maternity leave.
4. Eligible workers must take 3 weeks' leave after the birth of the baby.
5. The earliest maternity leave can start is 11 weeks before the expected birth week of the child.
6. Leave will also start:
   1. The day of the birth of the baby is early;
   2. Automatically if the worker is off work for a pregnancy-related illness in the 4 weeks before the expected birth week of the child.
7. Workers must give the employer a minimum of 4 weeks' notice if they want to change their return to work date.

Pregnant workers are also eligible for paid days off work to attend antenatal appointments

11. STATUTORY MATERNITY PAY.

1. Workers on statutory maternity leave are entitled to statutory maternity pay.
2. Statutory maternity pay starts on the first day of statutory maternity leave.
3. Statutory maternity pay ends on the last day of statutory maternity leave.
4. Workers receiving statutory maternity pay will receive:
   1. 90% of average weekly earnings (before tax) for the first 6 weeks;
   2. €300.00 (adjusted per year for inflation) or 90% of average weekly earnings (whichever is lower) for the next 33 weeks.
5. Statutory maternity pay shall be paid at the same regularity as the worker’s wages.

12. STATUTORY PATERNITY LEAVE.

1. Statutory paternity leave is the entitlement of the partner of a pregnant worker or of an adoptive parent.
2. Statutory paternity leave lasts for 6 weeks.
3. Eligible workers are not required to use all 6 weeks of paternity leave.
4. The earliest paternity leave can start is:
   1. The week before the expected birth week of the child;
   2. The week before the child is to begin living with the new family;
5. Workers must give the employer a minimum of 2 weeks' notice if they want to change their start date.
6. Workers must give the employer a minimum of 2 weeks' notice if they want to change their return to work date.
7. The partner of a pregnant worker is eligible for 4 paid days off work to attend antenatal appointments.

13. STATUTORY PATERNITY PAY.

1. Workers on statutory paternity leave are entitled to statutory paternity pay.
2. Statutory paternity pay starts on the first day of statutory paternity leave.
3. Statutory paternity pay ends on the last day of statutory paternity leave.
4. Workers receiving statutory paternity pay will receive:
   1. €300.00 (adjusted per year for inflation) or 90% of average weekly earnings (whichever is lower) for the duration of the statutory paternity leave.
5. Statutory pay shall be paid at the same regularity as the worker’s wages.

14. STATUTORY ADOPTION LEAVE.

1. Statutory adoption leave is the entitlement of all adoptive parents or parents having a child through a surrogacy arrangement.
2. Statutory adoption leave is made up of:
   1. Ordinary Adoption Leave - the first 26 weeks;
   2. Additional Adoption Leave - the last 26 weeks.
3. Eligible workers are not required to use all 52 weeks of adoption leave.
4. The earliest adoption leave can start is:
   1. 4 weeks before the child starts living with the new family;
   2. The day the child is born (if surrogacy).
5. Workers must give the employer a minimum of 4 weeks' notice if they want to change their return to work date.
6. Only one parent may use statutory adoption leave, the other is eligible for statutory paternity leave.
7. Both adoptive parents are eligible for 5 paid days off work to attend adoption appointments after being matched with a child.

15. STATUTORY ADOPTION PAY.

1. Workers on statutory adoption leave are entitled to statutory adoption pay.
2. Statutory adoption pay starts on the first day of statutory adoption leave.
3. Statutory adoption pay ends on the last day of statutory adoption leave.
4. Workers receiving statutory adoption pay will receive:
   1. 90% of average weekly earnings (before tax) for the first 6 weeks;
   2. €300.00 (adjusted per year for inflation) or 90% of average weekly earnings (whichever is lower) for the next 33 weeks.
5. Statutory adoption pay shall be paid at the same regularity as the worker’s wages.

16. STATUTORY SICK PAY.

1. To be eligible for Statutory sick pay the worker must:
   1. Be classed as an employee;
   2. Earn an average of at least €120 per week;
   3. Have been ill for at least 4 consecutive days (including non-working days).
2. Workers must provide proof of sickness if they have been off work for more than 7 consecutive days (including non-working days).
3. Proof of sickness is a sick note from the worker’s doctor, nurse, urgent care staff, or a hospital doctor, or an similarly appropriate medical practitioner that is licensed to practice medicine.
4. Similar documentation can also be supplied by the following if the employer agrees:
   1. Physiotherapist;
   2. Podiatrist;
   3. Occupational Therapist.
5. Workers are not eligible for statutory sick pay if they:
   1. Have had more than 28 weeks off;
   2. Are receiving statutory maternity pay.
6. Statutory sick pay is €200 (adjusted per year for inflation) per week.
7. Statutory sick pay shall be paid at the same regularity as the worker’s wages.

PART VI
COMMENCEMENT AND APPLICATION.

17 COMMENCMENT AND APPLICATION This Bill shall apply to all of the Federation of Nouvelle Alexandrie. This Bill shall not become law unless it has been given Royal Assent. In the event any provision or part of this Bill is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Bill, will be inoperative.