Part IV of the Employment Act & Section 33 are applicable only to: * Workmen earning not more than $4,500 basic monthly salaries; and * Other employees earning not more than $2,000 basic monthly salaries (excluding, overtime, bonus, Annual Wage Supplement, productivity incentives and allowances). * Definition of terms
* Contractual hours of work
* Maximum working hours
* Break time
* Overtime Allowance
* Rest Days
Definition of terms
* A “week” refers to a continuous period of seven days commencing on Monday and ending on Sunday. * An employee's “hours of work” is the period during which the employee is expected to carry out the duties assigned by his/her employer. It does not include any intervals allowed for rest, tea breaks and meals.
Maximum working hours
An employee is not allowed to work for more than 12 hours within a day except in the following circumstances: a. Accident or threat of accident;
b. Work that is essential to:
i. the life of the community;
ii. national defence; or
c. Urgent work to be done to machinery or plant; or
d. An interruption of work which was impossible to foresee. An employee can be required to work up to 12 hours a day if the employee gives his consent in writing, after the provisions of Sections 38 and 40 of the Employment Act have been clearly explained to him. He must be informed of the daily working hours, the number of working days in each week and the weekly rest day.
Employers that require their employees to work more than 12 hours (maximum 14 hours) a day are required under section 40 of the Employment Act, to apply for overtime exemption from the Ministry of Manpower. (Download the application form for overtime exemption for work more than 12 hours a day) Break time
An employee is generally not required to work more than six consecutive hours without a break. However, if the nature of work is such that it must be carried on continuously, an employee may be required to work eight hours continuously. In such an instance, a break or breaks must be given so that the employee can have his/her meal(s). The duration of the break(s) should be no less than 45 minutes.
Normal hours of work
An employee covered by Part IV of the Employment Act is not required under his/her contract of service to work more than eight hours in a day or 44 hours in a week. * The limit of eight hours per day may be exceeded when an employee is not required to work more than five days a week. However, he/she is not required to work for more than nine hours per day or 44 hours in a week. * If the number of hours worked is less than 44 hours every alternate week, the limit of 44 hours a week may be exceeded in the other week. However, this must be stated in the contract of service and is subject to a maximum of 48 hours in one week or 88 hours in any continuous two week period. A shift worker is allowed to work up to 12 hours a day, provided that the average working hours each week do not exceed 44 over a continuous three week period. If the employee's rest day falls on a day other than a Sunday, the employer is required to prepare a monthly roster and inform him of his rest days for the month at the beginning of each month.
Overtime allowance is payable if the employee is required by the employer to work above the limit of working hours specified above. All work in excess of the normal hours of work (excluding break time) is considered as overtime work. An employee must be paid no less than 1.5 times his/her hourly basic rate of pay for overtime. Payment for overtime work must be made within 14 days after the last day of the salary period. For a monthly-rated employee. His hourly basic rate of pay is computed as follows: 12 x Monthly Basic Rate of Pay
52 x 44|
For a daily-rated employee,...