Overtime/Paid Public Holidays

If you as an employer engage a worker in an undertaking after the hours of work fixed by the rules of that undertaking, the additional hours are regarded as overtime work. A worker may not be required to do overtime work unless that undertaking has fixed rates of pay for overtime work. 

Frequently Asked Questions (FAQs)

Can I, as an employer, force my employees to do overtime?

No. A worker cannot be forced to do overtime work. However, in certain circumstances, if the viability of the undertaking or enterprise requires overtime then a worker may be compelled to do overtime. Also a worker may be required to engage in overtime work in order to prevent or avoid threat to life and property.  

Is there a situation where an employer does not have to pay a worker for overtime?

A worker may be required to work beyond the fixed hours of work without additional pay in certain exceptional circumstances, including an accident threatening human lives or the very existence of the undertaking.

Must an employer pay an employee remuneration during public holidays?

Yes. Every worker is entitled to be paid his or her remuneration for public holidays. Additionally, every employer shall pay each temporary or casual worker in respect of every public holiday the full remuneration which would have been payable to them for a full day’s work if that day had not been a public holiday.

When must I, as an employer, make the payment?

Payments in respect of the public holiday shall be made after the public holiday in the same manner as workers are normally paid. 

What happens if an employer fails make payment to the worker?

When employer fails to comply, the temporary worker or the casual worker aggrieved by the non-compliance of the employer may present a written complaint to the Labour Commission for determination and the parties shall abide by the decisions of the Labour Commission. The Labour Commission may order the employer to pay a sum which appears to the Labour Commission to be due to the temporary worker or the casual worker, and may specify the time within which the payment shall be made.

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