If you are covered under Part IV of the Employment Act, your hours of work are regulated and you are entitled to breaks, overtime pay and rest days.
All employees under a contract of service with an employer are covered, but there are exceptions. For example, Part IV of the Act which provides for rest days, hours of work, annual leave and other conditions of service, does not cover managers or executives.
Who is covered by the Act
You are covered if you are an employee working under a contract of servicewith an employer.
It covers local and foreign employees.
An employee can be employed in the following terms:
Full-time Part-time Temporary Contract
An employee can be paid on the following basis:
Hourly Daily Monthly Piece-rated Break times
You are generally not required to work more than 6 consecutive hours without a break.
However, if the nature of the work requires continuous work for up to 8 hours, breaks must be provided for meals. The breaks should be at least 45 minutes long.
Normal hours of work
Contractual working hours are the hours that that you and your employer have agreed to in the contract of service.
For common work arrangements,your contractual hours of work are as follows:
For other work arrangements, your contractual hours of work are as follows:
Overtime pay
Overtime work is all work in excess of the normal hours of work (excluding breaks).
You can claim overtime if you are:
A non-workman earning up to $2,500. A workman earning up to $4,500.
The overtime rate payable for non-workmen is capped at the salary level of $2,250, or an hourly rate of $11.80.
For overtime work, your employer must pay you at least 1.5 times the hourly basic rate of pay. Payment must be made within 14 days after the last day of the salary period.
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How overtime pay is calculated
Overtime pay is calculated as follows:
Hourly basic rate of pay x 1.5 x number of hours worked overtime
The hourly basic rate of pay is calculated as follows:
Maximum hours of work
As an employee, you are not allowed to work more than 12 hours a day.
However, your employer can ask you to work more than 12 hours a day in the following circumstances:
An accident or threat of accident. Work that is essential to the life of the community, national defence or security. Urgent work to be done to machinery or plant. An interruption of work that was impossible to foresee. Working more than 12 hours a day (overtime exemption)
If an employer requires employees to work more than 12 hours a day (up to a maximum of 14 hours), they must apply for an overtime exemption.
Work on rest days or public holidaysis not counted in the 72-hour overtime limit, except for work done beyond the usual daily working hours on those days. Such extra hours are included in the 72-hour limit.
Overtime on a rest day or public holiday is calculated as follows:
(Hourly basic rate of pay x 1.5 x Number of hours worked overtime) + (Rest day or public holiday pay) Rest days
A rest day comprises 1 whole day (midnight to midnight). It is not a paid day.
For shift workers, the rest day can be a continuous period of 30 hours. A 30-hour rest period that starts before 6pm on a Sunday is considered as 1 rest day within the week, even if it extends into the Monday of the following week.
A week is continuous period of 7 days starting from Monday and ending on Sunday.
Your employer cannot compel you to work on a rest day, unless under exceptional circumstances.
When rest days can fall
The employer determines the rest day, which can be on a Sunday or any other day.
If the rest day is not a Sunday, your employer should prepare a monthly roster and inform you of the rest days before the start of each month.
The maximum interval allowed between 2 rest days is 12 days.
Calculate pay for work on a rest day
How pay for work on a rest day is calculated
Payment for work on a rest day is calculated as follows:
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