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Jamaica - Working time - 2011


LAST UPDATE

13 April 2011

SOURCES


Name of Act

Holidays with Pay Act 1973, dated 1 June 1973 as amended up to Order 1991.

Name of Act

Holidays (Public General) Act 1895, dated 27 April 1895 as amended up to 1999.

Name of Act

The Women (Employment of) Act of 2 March 1942 as amended up to 1964.

Name of Act

The National Minimum Wage Act Order of 30 October 1975, as amended up to 2005
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Name of Act

The Employment of Women in Factories Regulations, 1961 as amended up to 1978

Name of Act

The Shops and Offices Act of 15 May 1961.

LEGAL DEFINITIONS


Working time/working hours

"Normal working week" means the number of days in a week on which the worker in relation to whom that expression is used is normally required to work for the employer by whom a holiday with pay or sick leave with pay is granted.

"Normal working day" means, in relation to any worker, any day on which that workers is normally required to work for his employer.
Holidays with Pay Act 1973 §2
The National Minimum Wage Act Order §2

Employee/worker

"Worker" means any person who has entered into or works under a contract with an employer except;
(a) any person employed by the Government; or
(b) any person employed in the service of the Kingston and
St. Andrew Corporation Council or of any Parish Council; or
(c) a director of any company who is employed by that
company.
Holidays with Pay Act 1973 §2

Overtime/overtime work

Overtime work means work performed during any period in excess of 44 hours in any week.
The Employment of Women in Factories Regulations §2

Night work(er)

Night work means work performed in an industrial undertaking during the night which is the period of at least 11 consecutive hours including the interval between 10 o’ clock in the evening and 5 o’ clock in the morning.
The Women (Employment of) Act §2

NORMAL HOURS LIMITS


Daily hours limit


General limit

No person shall be employed for more than 8 hours in any day and later 4 o’ clock in the afternoon on any day on which his hours of employment in or about the business of such shop commence earlier than 10 o’ clock in the morning.
The Shops and Offices Act §5(4)

Special categories


» Women

10 hours for women who work in factories
The Women (Employment of) Act §3(2)

Weekly hours limit


General limit

No general statutory weekly limit is provided. However the legislation states that weekly workers are those who by agreement with the employer regularly work for not less than 40 hours per week for one employer.

The baseline for which the work performed is considered overtime is 44 hours per week, so although there are no express provisions, the weekly hour limit is fixed in 44 hours.
The National Minimum Wage Act Order §5(3)
The Employment of Women in Factories Regulations §2
Historical data (year indicates year of data collection)
  • 1995: 40 hours.

OVERTIME WORK


Criteria for overtime


General

Every person employed in or about the business of any shop on a public general holiday, or during any period in excess of 8 hours on any day, or outside the prescribed hours of business is performing overtime work.

Overtime work weekly is the work performed during any period in excess of 44 hours in any week.
The Shops and Offices Act §9(1)
The Women (Employment of) Act §2

Limits on overtime hours


General limits

No statutory provisions for overtime work limits. However the legislation states that women who are employed in overtime work shall in no case exceed 50 hours in any week,nor 200 hours in the period of 12 months.
The Employment of Women in Factories Regulations §4
Historical data (year indicates year of data collection)
  • 1995: n.a.

Compensation for overtime work


Overtime rate(s)

50% increase (weekdays)
100% increase (weekly rest days and public holidays)
The National Minimum Wage Act Order §3(2)(b) and (c)
Historical data (year indicates year of data collection)
  • 2009: 50% increase (weekdays) 100% increase (weekly rest days and public holidays)
  • 2007: 50% increase (weekdays) 100% increase (weekly rest days and public holidays)
  • 1995: n.a.

REST PERIODS


Rest breaks


General provisions

No general statutory provisions on rest breaks. However the legislation provides that every woman employed in any factory continuously for a period of more than 4,5 hours shall enjoy a period of at least 30 minutes for a meal or rest.

In addition, any period during which any worker, acting on the instructions of his employer waits at his work place in order to be available to perform any of his duties whenever he is required to do so, shall be reckoned as paid time.
The Employment of Women in Factories Regulations §2
The National Minimum Wage Act Order §6(1)
Historical data (year indicates year of data collection)
  • 1995: No legal provision.

Special categories


» Women

Every woman employed in any factory continuously for a period of more than 4,5 hours shall enjoy a period of at least 30 minutes for a meal or rest.
The Employment of Women in Factories Regulations §3(1)

Daily rest periods


Duration

(No general statutory provisions on daily rest.)
Historical data (year indicates year of data collection)
  • 1995: No legal provision.

Weekly rest periods


Duration


» General

Every employer shall in each week of work allow the worker enjoy one day as a rest day.
The National Minimum Wage Act Order §3(1)
Historical data (year indicates year of data collection)
  • 1995: 1 day.

Day specified


» General

The rest day shall be agreed between the worker and the employer.
The National Minimum Wage Act Order §3(2)

Special categories


» Women

No woman shall be employed in any factory on Sunday.
The Women (Employment of) Act §3(2)(a)

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

To be entitled of annual leave the worker shall have been performed work for at least 110 days in a qualifying year (12 months).
Holidays with Pay Act 1973 §3(1)

Duration


» General

The duration of the annual leave shall be determined in accordance to the Schedule depending on the number of days worked in each qualifying year.

Workers who have worked up to 220 days enjoy 10 days maximum (if minimum worked 110 days) calculated as follows; 1/22 of the number of days of work. Any fraction of a day of holiday shall be reckoned as 1 day.

For workers who have worked more than 220 days: 2 working weeks.

For workers with 10 years of service or more and who have worked more than 220 days in each qualifying year: 3 working weeks.
Holidays with Pay Act 1973 Schedule
Historical data (year indicates year of data collection)
  • 2009: For workers who have worked between 110 and 220 days: 1/22 of the number of days of work, however, any fraction of a day of holiday shall be reckoned as 1 day. For workers who have worked more than 220 days: 2 working weeks. For workers with 10 years of service or more and who have worked more than 220 days in each qualifying year: 3 working weeks.
  • 2007: 2 working weeks 3 working weeks after 10 years of service
  • 1995: 2 working weeks.

Payment


» Amount

The minimum holiday remuneration payable to a worker shall be the normal wages earned by him in respect of the last normal working week.
Holidays with Pay Act 1973 §5(1)

» Date of payment

Any worker to whom a holiday with pay is granted shall be paid by his employer before the commencement of such holiday.
Holidays with Pay Act 1973 §5(3)

Schedule and splitting

The holiday may be agreed between the employer and worker and may be splitted into 2 periods.
Holidays with Pay Act 1973 §4(1), §4(3)

PUBLIC HOLIDAYS


Number and dates

10 days.New Year’s Day, or in case New Year’s Day falls on Sunday, then the day after New Year’s Day, Ash Wednesday, Easter Monday, The 23rd day of May (or in case the 23rd day of May falls on Saturday or Sunday, then the following Monday) which shall be known as National Labour Day, the 1st day of August (or in case the 1st day of August falls on a Sunday, then the following Monday) which shall be known as "Emancipation Day", the 6th day of August (or in case the 6th day of August falls on a Sunday, then the following Monday) which shall be known as "Independence Day", the third Monday in the month of October, which shall be known as "National Heroes’ Day", the day after Christmas Day, or when Christmas Day falls on Sunday, then the 26th and 27th of December, a day appointed by the Minister for national observance.
Holidays (Public General) Act 1895 §2; Schedule

Work on Public Holidays


» Criteria

It is not permitted the opening of any such shop or the sale of any article therein on a Public General Holiday except during such times as medicines, drugs and poisons are available for sale therein by or under the direct supervision of a Pharmacist registered under the Pharmacy Act.
Holidays (Public General) Act 1895 §3(b)

» Compensation

All bonds, other money or obligations that should be payable on a Public Holiday, shall be payable on the next day.
Holidays (Public General) Act 1895 §4

NIGHT WORK


Criteria for night work

No woman shall be employed in night work except where the night
work is -
(a) for the purpose of completing work commenced by day and interrupted by some unforeseeable cause which could not be prevented by reasonable care; or
(b) necessary to preserve raw materials, subject to rapid deterioration, from certain loss; or
(c) that of a responsible position of management held by a woman who is not ordinarily engaged in manual work; or
(d) carried on in connection with the preparation, treatment, packing, transportation or shipment of fresh fruit; or
(e) that of nursing and of caring for the sick; or
(f) carried on in a cinematograph or other theatre while such theatre is open to the public; or
(g) carried on in connection with a hotel or guest-house, or with a bar, restaurant or club; or
(h) carried on by a Pharmacist registered under the Pharmacy Act.
The Women (Employment of) Act §3(1)

Limits


Daily hours limit

The total hours of employment (by day and night) of a woman who is permitted to be employed in night work shall in no case exceed 10 hours in any 24 hours.
The Women (Employment of) Act §3(2)

Schedule

Night work is the work performed in an industrial undertaking during the the period of at least 11 consecutive hours including the interval between 10 o’ clock in the evening and 5 o’ clock in the morning.
The Women (Employment of) Act §2

CASUAL WORK


General provisions

Casual worker means any worker who is employed from day to day or for the performance of a particular task which normally cannot be performed in less than one working day.
The National Minimum Wage Act Order §6(3)

Schedules

Where a casual worker reports for duty at his workplace on any day in accordance with the instructions of his employer, that worker shall be deemed-

to have worked 4 hours on that day if he is not required to do any work or if the number of hours for which he is required to work is not more than 4; or
to have worked for 8 hours if the number of hours for which he is required to work is more than 4 but less than 8.
The National Minimum Wage Act Order §6(2)

Annual leave

Casual worker are not entitled to any Holiday unless performed at least 110 days for any employer in any qualifying year (12 months).
Holidays with Pay Act 1973 §3(1)

Results generated on: 23rd November 2014 at 08:24:21.
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