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Wed, 23 Sep 2009 05:36:37 PM  (Last updated: Wed, 23 Sep 2009 07:02:05 PM)

Hello Mr. Siew

Hope this email finds you in good health.   I have got very good advise from your website before.   Thanks :)

Our company works 5 day week.  But staff who are on assignment may work 6 days when they are at the site.   Does the 48 hours rule still apply when calculating overtime?

Currently, we calculate overtime for works above 45 hours.  

Is it correct to say that a staff is not entitled to overtime when he has only worked 30 hours that week? 

If a staff worked for 3 days at site and clocked 30 hours.  Do we have to divide the 45 hours by 5 days (9 hours a day) and from the 30 hours less 27 hours (3 working days) and pay 3 hours of OT?

Thanks in advance for your advise.  AA


KL Siew
Wed, 23 Sep 2009 07:02:05 PM

60A(3)(a) For any overtime work carried out in excess of the normal hours of work, the employee shall be paid at a rate not less than one and half times his hourly rate of pay irrespective of the basis on which his rate of pay is fixed.

(b) In this section, “overtime” means the number of hours of work carried out in excess of the normal hours of work per day: Provided that if any work is carried out after the spread over period of ten hours, the whole period beginning from the time that the said spread over period ends up to the time that the employee ceases work for the day shall be deemed to be overtime.

(c ) For the purposes of this section, section 60, section 60D(3)(a) and section 60I, “normal hours of work” means the number of hours of work as agreed between an employer and an employee in the contract of service to be the usual hours of work per day and such hours of work shall not exceed the limits of hours prescribed in subsection (1). "

So, you have to note the meaning of "normal hours of work" as above. If the 30 hours per week is clearly mentioned as the agreed normal hour of work, then I think you will agree that overtime is payable for any work done after the 30 hours.

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