Section 25Part 3 — Remuneration and Hours of Work
Occasions for overtime pay
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25. (1) An employer shall pay overtime pay to an employee for every hour of work in excess of the standard work week or a standard work day.
Notwithstanding subsection (1), the parties to a contract of employment may provide, either generally by an agreement in writing or specifically in relation to any period of less than one week by an oral agreement, that the employee Labour Act (2021 Revision) Section 26 c Revised as at 31st December, 2020 Page 21 shall work more than the hours provided for by the standard work week and shall receive time-off equivalent to the extra hours in lieu of overtime pay.
Notwithstanding subsection (1), in the case of employees at professional or managerial level and above, the parties to a contract of employment may agree that no overtime should be paid, in which case the obligation to pay overtime to that employee in accordance with subsection (1) shall not apply.
Any employer who contravenes subsection (1) commits an offence.
In addition to any fine imposed for an offence under subsection (4) the Court may, before or upon sentencing the employer, order that person to pay to the employee any overtime pay due for any period in respect of which an offence was committed.
Any sum ordered to be paid under subsection (5) may be enforced as a fine.