Overtime Compensation
An employee’s normal working hours are set out in the employment contract. An employer may not require or permit any employee, other than a guard or others specified, to work for more than 48 hours during a week, excluding overtime. The Minister for Labour may not require or permit a shift worker to work more than 8 hours a day. For other employees, the daily hour limit is 12 hours for a 5-day work week and eight hours for a six-day work week.
The temporary exemption from normal working hour limits can be granted in the following cases:
(a) in case of actual or imminent accident, force majeure or the need for urgent work to premises or equipment, which is necessary to avoid serious interference with the ordinary working of the undertaking;
(b) in the event of abnormal pressure of work due to special circumstances, where the employer cannot ordinarily be expected to resort to other measures; and
(c) in order to prevent loss of perishable goods.
A worker must be compensated for each hour of overtime with compensatory rest (of at least equivalent hours) and premium pay for overtime hours. The ordinary overtime is the time worked on a working day in excess of the hours normally worked by the employee in the undertaking. For overtime hours, a worker is paid at 150% of the normal hourly wage rate.
Source: §36-39 of the Employment Act (No. 6 of 2000), last amended in 2021
Compensatory Holidays / Rest Days
Employment Act provides for a compensatory rest day when a worker has to work overtime on a working day or a weekly rest day, or a public holiday.
Source: §36 of the Employment Act (No. 6 of 2000), last amended in 2021
Weekend / Public Holiday Work Compensation
The Employment Act provides premium pay for those working on weekly rest days and public holidays. Workers are paid twice the rate (200% of the normal hourly wage rate) for working on a weekly rest day and a public holiday. Where pay for a public holiday is not payable due to the absence of the employee from work on the day or days preceding the public holiday or holidays, and the employer requires the employee to work on the public holiday or holidays, then the employee shall nevertheless be paid for all hours worked on the public holiday or holidays at twice the normal hourly rate.
Source: §39 & 40 of the Employment Act (No. 6 of 2000), last amended in 2021
