Section 16: Overtime

16. Overtime (1) Subject to subsection (3)— (a) a worker and an employer may agree on the number of hours of work to be performed in excess of the stipulated hours where the exigencies of an enterprise so require; E9B – 11 [Issue 5] Employment Rights Act (b) no employer shall require a worker to perform work in excess of the stipulated hours unless he has given, as far as is practicable, at least 24 hours’ notice in advance to the worker of the extra work to be performed. (2) A worker who does not wish to work in excess of the stipulated hours on a particular day shall notify his employer, at least 24 hours in advance, of his intention not to work on that day. (3) Subject to subsection (5), where a— (a) worker works on a public holiday, he shall be remunerated at twice the notional rate per hour for every hour of work performed; (b) worker, other than a watchperson, performs more than 90 hours’ work or such lesser number of hours as may be specified in an agreement in a fortnight, not being the hours of work referred to in paragraph (a), he shall be remunerated at one and a half times the notional rate per hour for every hour of work performed; or (c) watchperson performs more than 144 hours of work in any fortnight, not being the hours of work referred to in paragraph (a), he shall be remunerated at one and a half times the notional rate per hour for every hour of work performed. (4) For the purpose of subsection (3) (b) and (c), the day on which a worker is on annual leave shall be reckoned in the computation of overtime. (5) An agreement may stipulate that the remuneration provided for therein for a pay period includes payment for work on public holidays and for work in excess of the stipulated hours where— (a) the maximum number of public holidays; and (b) the maximum number of hours of overtime on a day other than a public holiday, covered by the remuneration are expressly stated in the agreement.