P.R. Laws tit. 29, § 285

2019-02-20 00:00:00+00
§ 285. Working hours—Occupations subject to law; exceptions

The provisions of §§ 271—288 of this title shall govern in every commercial, industrial, and agricultural establishment; in every shop, factory, refinery, mill, and plant; in every ranch, property, farm, estate, and plantation; in every public service enterprise; in every profit or nonprofit business, including printing shops, publishing houses, newspaper enterprises, clinics, hospitals, pharmacies, learning institutions, boarding houses, hotels, diners, restaurants, stores, grocery stores, warehouses, depots, markets, garages, bakeries, theaters, racetracks, casinos, and the like; in every business office or establishment, law office, medical, and professional office, and in every place devoted to the rendering of any kind of service, including nonprofit associations or organizations and charitable institutions.

The provisions of §§ 271—288 of this title shall also apply to all chauffeurs and operators of public and private motor vehicles, excepting those who work on a commission basis.

The provisions of §§ 271—288 of this title shall not apply to persons in domestic service; Provided, however, That these persons shall be entitled to one day of rest for every six days of work.

The provisions of §§ 271—288 of this title shall not apply, either, to persons engaged in the sale of cars, trucks, self-propelled heavy machinery, or any motor and/or hauling vehicle, when said persons are employed for such tasks by a business establishment devoted mainly to the sale of motor and/or hauling vehicles while they are engaged in sales and are compensated on a commission or a salary basis, or a combination of both. Provided, That these employees shall be entitled to one day of rest for every six days of work. Provided, That the exemption granted by this section shall be effective only if the employer complies with the provisions of Act No. 96 of June 26, 1956, guaranteeing to the salesperson the applicable minimum wage prevailing in Puerto Rico for hours worked each week, even if he/she has not earned any commissions. The payment by the employer for hours worked in which the employee did not receive a commission shall be deemed as an advance on commissions, whose adjustment shall be made at the end of the month. Providing, further, That employees earn more than half of their income from commissions and that their hourly compensation, including commissions, is equal to at least one and-a-half times the federal minimum wage.

The provisions of §§ 271—288 of this title shall not apply to the employees of the Commonwealth Government, the municipal governments, the Government of the Capital, nor of the agencies or instrumentalities of said governments, except those agencies or instrumentalities devoted to agricultural, industrial, commercial or public service enterprises.

History —May 15, 1948, No. 379, p. 1254, § 16; May 5, 1976, No. 27, p. 65, § 2; renumbered as § 17 on July 20, 1995, No. 83, § 5; Apr. 30, 1996, No. 33, § 1.