s.28Overtime pay in general
28
Section 28Part 4 — REMUNERATION AND HOURS OF WORK

Overtime pay in general

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Except as provided in subsections (2) and (3), an employee who works in excess of his standard work week shall, for those overtime hours, receive overtime pay or, instead of overtime pay, receive time-off with pay at his basic wage, during normal working hours, equivalent to the overtime hours worked.
An employer shall negotiate with the relevant trade union or, where there is no trade union, with a category of employees, with a view to agreeing with the employees as a group whether the hours in excess of the standard work week shall be remunerated at regular or other specified higher pay (amounting or not amounting to full overtime pay) provided that —
contracting out of overtime pay shall not be allowed with respect to time exceeding forty-five hours and any agreement purporting to provide otherwise is void;
where the contract of employment includes, and the employee is enjoying, any payment or benefit that is not required under this Law and which is equivalent to the overtime pay to which he would have been entitled, the employee shall not be entitled to overtime pay.
A contract may provide that an employee of managerial level, an employee of professional level or salaried employee shall
not receive overtime pay; or
receive overtime pay less than is prescribed in section 30; or
receive overtime pay less than basic pay.
An employer who contravenes subsection (1) is guilty of an offence.
Upon the conviction of an employer under this section, the court shall, in addition to any fine or other penalty, order that the employer pay to the employee concerned such of his dues as remain to be paid as well as interest at the rate of ten per cent per annum, or any other rate the Governor may prescribe, from the date the underpayments were originally due to the date when the balance is paid.
An order made under subsection (5) in relation to the unpaid remuneration shall be enforced in the same manner as if it were a fine.
In calculating the remuneration to be paid to an employee for the purposes of this section, gratuities shall be disregarded.

Defined Terms

overtime pay

Cross References

Referenced By