Minding Your Legal Affairs XII: The Employee’s Rights Part II

In Part I, one of the protections set out as being guaranteed by the Employment Act was that of the right to minimum standards set out in that Act.

Apart from the fundamental protections otherwise indicated in Part I, what are the minimum standards for contracting an employee’s labour?[1] This part will deal with Hours of Work.

1. Unless an employee is a shift worker:

• If he/she is an agricultural, industrial or construction worker, he/she cannot be required to work for more than 40 hours per week, Monday to Friday, unless he/she agrees, and he/she is paid at overtime rates;
• If he/she is a clerical or shop assistant, he/she cannot be required to work for more than 44 hours, Monday to Saturday;
• If he/she is a catering assistant, he/she cannot be required to work for more than 44 hours; and
• If he/she is a domestic worker or security guard, he/she cannot be required to work for more than 60 hours.

2. Except for security guards and domestic workers, an employee cannot be required to work for more than 8 hours a day. This does not count lunch break, so an employee can be at the job for 9 hours, lunch time included.
3. A domestic worker cannot be required to work more than 10 hours per day, with 2 hours on lunch/rest breaks included in those 10 hours.
4. A security guard cannot be required to work for more than 12 hours per day.
5. A lunch break must be given after no more than 5 consecutive working hours. A full hour for lunch is required unless the parties agree, and that agreement has been approved by the Labour Commissioner. If it is not approved by the Labour Commissioner, the agreement is not effective. An employee cannot be required to work during his lunch break.
6. No employer can require an employee to work for more than 6 consecutive days without a day of rest.
7. Any overtime work done must be compensated at time and a half on ordinary working days and double time on Sundays and public holidays. Overtime work can only be done upon agreement and cannot be compelled.

[1] Although the Act specifies certain categories of workers, these are generally understood as minimums across the board

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