For employee covered by Part IV of the Employment Act cannot be requested to work more than 8 hours in a day or 44 hours in a week.
Part IV of the Employment Act & Section 33 are applicable only to:
- All workmen (regardless of salary); and
- Other employees earning not more that $1,600* per month (excludes, overtime, bonus, Annual Wage Supplement, productivity incentives and allowances).
Even contractually employee may sign and agree on whatever terms and conditions of the employment contract, however, the company employment contract which is illegal (non compliance to Employment Act) is considered in-valid.
The limit of 8 hours per day may be exceeded when an employee is not required to work more than five days a week. However, he/she is not required to work for more than nine hours per day or 44 hours in a week. The working hour does not include the tea break or lunch time.
Under the act, if the number of hours worked is less than 44 hours every alternate week, the limit of 44 hours a week may be exceeded in the other week. However, this must be stated in the contract of service and is subject to a maximum of 48 hours in one week or 88 hours in any continuous two week period.
A shift worker may be required to work up to 12 hours a day, provided that the average working hours each week do not exceed 44 over a continuous three week period.
