| (1) |
An employee will be paid for overtime on the following basis: |
| (a) |
Employees who, in any pay-week, work before their usual starting time, and/or after their usual finishing time Monday to Saturday, will be paid their hourly rate plus 50% (fifty percent) for such work. |
| (b) |
payment of the overtime rate will be subject to the employees completing their ordinary hours of work for the pay-week. |
| (c) |
For the purpose of determining overtime work, where in any pay week an employee is unable to complete his ordinary hours of work for any one or combination of the following reasons:— |
| (i) |
participation in a protected strike; |
| (iii) |
attending training; |
| (iv) |
proceeding on or returning from leave authorised by the employer; |
| (v) |
proceeding on or returning from maternity leave; |
| (vi) |
a public holiday; or |
| (vii) |
suffering an injury on duty or occupational disease; |
but has worked before his usual starting time and/or after his usual finishing time in such week, he will, despite the provisions of clause 7.2(1)(b), be deemed to have worked overtime and be paid accordingly.
| (d) |
Where an employee works overtime on a Sunday, he will be paid: |
| (i) |
at one and a third times his hourly rate and given a days’ paid leave within seven days of such Sunday; or |
| (ii) |
where he worked less than 4 hours overtime, his basic daily wage; or |
| (iii) |
where he worked more than 4 hours overtime, the greater of— |
| (aa) |
double his hourly rate for the period worked; or |
| (bb) |
double his basic daily wage. |
| (2) |
Where an employee is remunerated on a basis other than the time worked by him, his ordinary hourly rate of remuneration for the purpose of calculating his overtime will be calculated by dividing his total remuneration for the prior three months or the total period of employment, whichever is the shorter, by the number of hours actually worked by him over the same period. |
Copyright Act, 1978
