Compensation and Working Time
Overtime Compensation
According to the General Wages Order, normal working hours are 52 per week and 60 hours per week for the night workers. Normal working hours per day are not clearly mentioned, however, for young workers (under the age of 16) normal working hours are 6 per day.
In accordance with the Employment Act 2007, the employer may set working hours in such a way that the worker gets a day off in a week. An employer is required to pay at least 150% of the wage if overtime work is performed during normal working hours. Overtime payment for the workers that are not employed on an hourly basis, is calculated on the basis of the basic hourly rate of at least one two-hundred-and twenty-fifth of the employee’s basic minimum monthly wage.
The Wages Order also specifies that overtime plus time worked in normal hours per week may not exceed 116 hours in total in any period of 2 consecutive weeks. Thus, a worker can work only 6 hours of overtime in a week. For night workers, this limit is 144 hours per week. For night workers, 12 hours of overtime is allowed.
Although it would normally be considered a criminal offence to force workers to do overtime, still employers have the right to schedule overtime for their employees. Therefore, employees can be asked to work a reasonable amount of overtime to complete a job. However, collective bargaining agreements often restrict the authority of employers regarding overtime. The law does not provide for compensatory time-off for overtime work done.
Sources: §5-6 of the Regulation of Wages (General) Order 1982, last amended in 2023; §27 of the Employment Act 2007
Night Work Compensation
There is no premium payment for night work. Working hours for night workers are more than day time workers. Normal working hours at night cannot exceed 60 hours per week and overtime of 24 hours is allowed in a period of 2 consecutive weeks. The total working time on a fortnightly basis, inclusive of overtime, may not exceed 144 hours for night workers.
Sources: §5-6 of the Regulation of Wages (General) Order 1982, last amended in 2023
Compensatory Holidays / Rest Days
According to the Wages Order, fully paid rest days may be deferred and either taken later or accumulated, up to a maximum of 14 days, by mutual agreement between the employer and the employee.
No provision could be identified in laws to require an employer to provide compensatory rest day for working on a public holiday.
Sources: §7 of the Regulation of Wages (General) Order 1982, last amended in 2023
Weekend / Public Holiday Work Compensation
Workers may be required to work on weekly rest days and public holidays. In such circumstances, when employees have to work on official holidays or on weekly rest days, they are entitled to receive wages at a premium rate of 200% of the normal hourly wage rate.
Source: §6 (1b) of the Regulation of Wages (General) Order 1982, last amended in 2023
Regulations on Compensation
- Employment Act, 2007
- Regulation of Wages (General) Order 1982