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Malaysia - Working time - 2011


LAST UPDATE

7 November 2011

SOURCES


Name of Act

Holidays Act, Act 369 dated 31 December 1951, as revised 1989. Published in 2009 by the Attorney General’s Chambers of Malaysia at http://www.agc.gov.my/Akta/Vol.%208/Act%20369.pdf and accessed 7 November 2011.
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Name of Act

Employment Act, Act 265 of 1955, incorporating all amendments up to 1 January 2006. Published by the Commissioner of Law Revision, Malaysia, under the authority of the Revision of Laws Act 1968, in collaboration with Percetakan Naional Malaysia BHD, on the the Ministry of Human Resources website at http://jtksm.mohr.gov.my/images/pdf/akta/employment_act_1955_bi.pdf and accessed 4 November 2011
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Name of Act

Employment (Limitation of Overtime Work) Regulations 1980, dated 1 October 1980 and revised 1983. Published by CCH Asia Limited in Malaysian Employment Legislation relating to employment, employee welfare, provident fund and industrial relations.

Name of Act

Children and Young Persons (Employment) Act 1966, incorporating all amendments up to 1 January 2006. Published by MyLawyer.com.my at http://www.mylawyer.com.my/pdf/Children_And_Young_Persons_Employment_Act.pdf and accessed 7 November 2011.
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Name of Act

Weekly Holidays Act, Act 220 of 1950, incorporating all amendments up to 1 January 2006. Published by the Commissioner of Law Revision, Malaysia, under the authority of the Revision of Laws Act 1968, in collaboration with Percetakan Naional Malaysia BHD, on the the Ministry of Human Resources website at http://jtksm.mohr.gov.my/images/pdf/akta/weekly_holidays_%201950_bi.pdf and accessed 4 November 2011.
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Name of Act

Employment (Part-Time Employees) Regulations 2010. Commenced 1 October 2010. Published at www.pesaraonline.net and accessed 4 November 2011.
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LEGAL DEFINITIONS


Working time/working hours

Hours of work means the time during which an employee is at the disposal of the employer and is not free to dispose of his own time and movements.
Employment Act 1955 §60A(9)

Employee/worker

Employee means:
(1) any person, regardless of his occupation, who has entered into a contract of service with an employer under which such person’s wages do not exceed 1,500 ringgit a month; and
(2) any person who, irrespective of the amount of wages he earns in a month, has entered into a contract of service with an employer under which he:
(i) is engaged in manual labour, including as an artisan or apprentice, for more than 1/2 of his total work time during a given wage period;
(ii) is engaged in the operation or maintenance of any mechanically propelled vehicle operated for the transport of passengers or goods or for reward or commercial purposes;
(iii) supervises or oversees other employees engaged in manual labour by the same employer throughout the performance of their work;
(iv) is engaged in any capacity in any vessel registered in Malaysia and who is not an officer or certificate holder, nor subject to an agreement, under the Merchant Shipping Ordinance; or
(v) is engaged as a domestic servant.
Employment Act 1955 §2, First Schedule

Employer

Employer means any person who has entered into a contract of service to employ another person as an employee and includes the agent, manager or factor of such first-mentioned person.
Employment Act 1955 §2
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Overtime/overtime work

The number of hours of work carried out in excess of the employee’s normal hours of work per day and any time outside of the 10 hour spread of hours.

The employee’s ’normal hours of work’ are the number of hours of work agreed with the employer in the contract of service to be the usual hours of work per day, and shall not exceed 8 hours.
Employment Act 1955 §60A(3)(b), (c)

Part-time work(er)

Part-time employee means a person included in the First Schedule whose average hours of work as agreed between him and his employer do not exceed 70% of the normal hours of work of a full-time employee employed in a similar capacity in the same enterprise whether the normal hours of work are calculated with reference to a day, a week, or any other period as may be specified by regulations.
Employment Act 1955 §2
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Shift work(er)

Work which, by reason of its nature, requires being carried on continuously or continually, as the case may be, by two or more shifts.
Employment Act 1955 §2(1)

Domestic worker

Domestic servant means a person employed in connection with the work of a private dwelling-house and not in connection with any trade, business, or profession carried on by the employer in such dwelling-house and includes a cook, house-servant, butler, child’s nurse, valet, footman, gardener, washerman or washerwoman, watchman, groom and driver or cleaner of any vehicle licensed for private use.
Employment Act 1955 §2(1)
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Young worker

Young person means any person who, not being a child, has not completed his 16th year of age.

A child means any person who has not competed his 14th year of age, or of such age as the Yang di-Pertuan Agong may by notification in the Gazette prescribe.
Children and Young Persons (Employment) Act 1966 §1A(1)

NORMAL HOURS LIMITS


Daily hours limit


General limit

8 hours
Employment Act 1955 §60A(1)(b)
Historical data (year indicates year of data collection)
  • 2009: 8 hours
  • 2007: 8 hours

Exceptions

Where individual employers and workers agree that the hours on one or more days of the week will be less than 8, the 8 hour limit may be exceeded on the other days, provided that no employee shall be required to work for more than 9 hours in one day.

The 8 and 9 hour daily limit do not apply to employees engaged in work which, by its nature involves long hours of inactive or stand-by employment. They may also be exceeded in the following circumstances:
(1) workplace accidents, whether actual or threatened;
(2) for work essential to the community;
(3) for work essential to defence or security;
(4) for urgent work to machinery;
(5) in case of unforeseen interruption of work;
(6) for work essential to the economy; and
(7) for work in essential services, e.g. hospitals.
Employment Act 1955 §60A(1)(iii), (2), (8)

Special categories


» Shift work

An employee who is engaged under his contract of service in shift work may be required by his employer to work more than 8 hours in any one day. However, the employer may not require the employee to work for more than 12 hours in any one day, except in the following circumstances:
(1) workplace accidents, whether actual or threatened;
(2) for work essential to the community;
(3) for work essential to defence or security;
(4) for urgent work to machinery;
(5) in case of unforeseen interruption of work;
(6) for work essential to the economy; and
(7) for work in essential services, e.g. hospitals.
Employment Act 1955 §§60A(2), 60C(1), 60C(2)

» Young workers

Young workers are not permitted to work for more than 7 hours in any one day or, if the young person is attending school, for a period together with the time he spends attending school, 8 hours.

A child must not work for more than 6 hours in any one day or, if the child is attending school, for a period together with the time he spends attending school, 7 hours.
Children and Young Persons (Employment) Act 1966 §§5(1)(c), 6(1)(c)

» Domestic work

The daily hours limit under the Employment Act does not apply to domestic workers. No alternative provisions identified.
Employment Act 1955 §1(2), First Schedule §2(5) Exclusions

Weekly hours limit


General limit

48 hours
Employment Act 1955 §60A(1)(d)
Historical data (year indicates year of data collection)
  • 2009: 48 hours
  • 2007: 48 hours
  • 1995: 48 hours.

Exceptions

Where the Director General is satisfied that special circumstances apply to a business or undertaking of the employer, the Director General may permit the employer to require an employee, or class of employees, to work in excess of the 48 hour limit, subject to any conditions as the Director General may deem proper to impose.

The 48 hour weekly limit does not apply to employees engaged in work which, by its nature involves long hours of inactive or stand-by employment. It may also be exceeded in the following circumstances:
(1) workplace accidents, whether actual or threatened;
(2) for work essential to the community;
(3) for work essential to defence or security;
(4) for urgent work to machinery;
(5) in case of unforeseen interruption of work;
(6) for work essential to the economy; and
(7) for work in essential services, e.g. hospitals.
Employment Act 1955 §60A(1A), (2), (8)

Special categories


» Shift work

An employee who is engaged under his contract of service in shift work may be required by his employer to work more than 48 hours in any one week. However, the average number of hours worked over any period of 3 weeks, or any longer period as approved by the Director General, shall not exceed 48 per week.
Employment Act 1955 §60C(1)

» Domestic work

The weekly hours limit under the Employment Act does not apply to domestic workers. No alternative provisions identified.
Employment Act 1955 §1(2), First Schedule §2(5) Exclusions

OVERTIME WORK


Criteria for overtime


General

An employee may be required by his employer to exceed the prescribed limit of hours and to work on a rest day in the case of:
(1) workplace accidents, whether actual or threatened;
(2) for work essential to the community;
(3) for work essential to defence or security;
(4) for urgent work to machinery;
(5) in case of unforeseen interruption of work;
(6) for work essential to the economy; and
(7) for work in essential services, e.g. hospitals.
Employment Act 1955 §60A(2)

Worker`s influence

No provision guaranteeing worker’s influence with respect to overtime identified.
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Limits on overtime hours


General limits

Overtime is to be limited to 64 hours per month.

An employee must not be required to work more than 12 hours in any one day, including overtime, except in certain circumstances.
Employment (Limitation of Overtime Work) Regulations 1980 §2
Employment Act 1955 §60A(2), (4)(a), (7)
Historical data (year indicates year of data collection)
  • 2009: 104 hours per month; 12 hours per day in total (including overtime)
  • 2007: 104 hours per month
  • 1995: Maximum 12 hours a day, including overtime. 4 per day and 104 per month.

Restrictions/exceptions

The daily 12 hour limit does not apply to employees engaged in work which, by its nature involves long hours of inactive or stand-by employment. It may also be exceeded in the following circumstances:
(1) workplace accidents, whether actual or threatened;
(2) for work essential to the community;
(3) for work essential to defence or security;
(4) for urgent work to machinery;
(5) in case of unforeseen interruption of work;
(6) for work essential to the economy; and
(7) for work in essential services, e.g. hospitals.

Employers may also request the Director General to permit any individual worker or group workers to work beyond these limits, subject to any conditions the Director General may deem proper to impose.
Employment Act 1955 §60A(4)(a), (7), (8)

Compensation for overtime work


Overtime rate(s)

Any work carried out in excess of the normal hours of work shall be paid at a rate of not less than 1.5 times the employee’s hourly rate of pay irrespective of the basis on which the employee’s rate of pay is fixed.
Employment Act 1955 §60A(3)(a)
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Historical data (year indicates year of data collection)
  • 2009: 50% increase
  • 2007: 50% increase
  • 1995: 50% premium during working days, 200% on weekly rest days and public holidays.

Exceptions

The right to penalty rates for overtime work under the Employment Act does not apply to employees engaged in work which by its nature involves long hours of inactive or stand-by employment.
Employment Act 1955 §60A(8)

Notice of requirement to work overtime


General provisions

No notification requirements identified.

Special categories


Domestic work

Domestic workers are excluded from the overtime rules in the Employment Act. No alternative provisions identified.
Employment Act 1955 First Schedule, §2(5) Exclusions

Part-time work

If a part-time employee is required by his employer to work beyond his normal hours of work, the employer shall pay the part-time employee for such extra work at the following rates:
(a) not less than his hourly rate of pay for each hour or part thereof which exceeds the normal hours of work of the part-time employee but does not exceed the normal hours of work of a full time employee employed in a similar capacity in the same enterprise; and
(b) not less than one and a half times the hourly rate of pay of the parttime employee for each hour or part thereof which exceeds the normal hours of work of a full time employee employed in a similar capacity in the same enterprise.
Employment (Part-Time Employees) Regulations 2010 §5(1)

Young workers

Young workers may not work for more than seven hours in any one day.
Children and Young Persons (Employment) Act 1966 §6(1)(c)

SCHEDULES


General

An employee shall not be required under his contract of service to work in excess of a spread over period of 10 hours in one day.
Employment Act 1955 §60A(1)(c)

Exceptions

The 10 hour spread requirement does not apply to employees engaged in work which, by its nature involves long hours of inactive or stand-by employment.

Further, where the Director General is satisfied that special circumstances apply to a business or undertaking of the employer, the Director General may permit the employer to require an employee, or class of employees, to work in excess of the 10 hour spread, subject to any conditions as the Director General may deem proper to impose.

Finally, the 10 hour spread requirement for scheduling working hours may also be exceeded in the following circumstances:
(1) workplace accidents, whether actual or threatened;
(2) for work essential to the community;
(3) for work essential to defence or security;
(4) for urgent work to machinery;
(5) in case of unforeseen interruption of work;
(6) for work essential to the economy; and
(7) for work in essential services, e.g. hospitals.
Employment Act 1955 §60A(1A), (2)

REST PERIODS


Rest breaks


General provisions

An employee shall not be required under his contract of service to work more than 5 consecutive hours without a period of leisure of not less than 30 minutes duration.
Employment Act 1955 §60A(1)(a)
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Historical data (year indicates year of data collection)
  • 2009: 30 minutes for five consecutive hours of work.
  • 2007: 30 minutes for five consecutive hours of work.
  • 1995: 30 minutes after 5 consecutive hours. 45 minutes within 8 hours continuous work for meal.

Exceptions

An employee who is engaged in work which must be carried on continuously and which requires his continual attendance may be required to work for eight consecutive hours inclusive of a period or periods of not less than 45 minutes in the aggregate during which he shall have the opportunity to have a meal.

Further, the requirement to provide rest breaks does not apply to employees engaged in work which, by its nature involves long hours of inactive or stand-by employment.
Employment Act 1955 §60A(1)(ii), (8)

Special categories


» Young workers

Young workers are not permitted to work for more than 4 consecutive hours without a period of rest of at least thirty minutes.

Children are not permitted to work for more than 3 consecutive hours without a period of rest of at least thirty minutes.
Children and Young Persons (Employment) Act 1966 §§5(1)(b), 6(1)(b)

» Domestic work

Domestic workers are excuded from the entitlement to rest breaks under the Employment Act. No alternative provisions identified.
Employment Act 1955 First Schedule, §2(5)

Daily rest periods


Duration

No express provision for daily rest periods identified, except with respect to young persons and women working in industrial or agricultural undertakings. The Employment Act does, however, impose a 12 hour limit on working days.
Children and Young Persons (Employment) Act 1966 §6(1)(d)
Employment Act 1955 §§34(1), 60A(7)
Historical data (year indicates year of data collection)
  • 1995: 12 hours.

Special categories


» Young workers

A young worker is not permitted to commence work on any day without having had a period of not less than 12 consecutive hours free from work.

A child is not permitted to commence work on any day without having had a period of not less than 14 consecutive hours free from work.
Children and Young Persons (Employment) Act 1966 §§5(1)(d), 6(1)(d)

» Women

No employer shall require a any female employee to work in any industrial or agricultural undertaking to commence work for the day without having had a period of 11 consecutive hours free from such work. However, the Director General may, on application made to him in any particular case, exempt in writing any female employee or class of female employees from any restriction in this subsection, subject to any conditions he may impose.
Employment Act 1955 §34(1)

Weekly rest periods


Duration


» General

Every employee covered by the Employment Act (persons engaged in trades) or the Weekly Holidays Act (shop, restaurant and hotel employees) are entitled to 1 day of rest each week.
Employment Act 1955 §59(1)
Weekly Holidays Act 1950 §6
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Historical data (year indicates year of data collection)
  • 2009: 1 day
  • 2007: 1 day
  • 1995: 1 day.

Day specified


» General

No day statutorily specified for the purposes of the weekly rest period. Rather, employers are to prepare a roster each month informing the employee which days are to be his rest days.
Employment Act 1955 §59(2)

Work on weekly rest day


» Criteria

No employee shall be compelled to work on a rest day unless:
(a) he is engaged in work which by reason of its nature requires to be carried on continuously or continually by two or more shifts; or
(b) one of the following circumstances applies:
(1) workplace accidents, whether actual or threatened;
(2) for work essential to the community;
(3) for work essential to defence or security;
(4) for urgent work to machinery;
(5) in case of unforeseen interruption of work;
(6) for work essential to the economy; and
(7) for work in essential services, e.g. hospitals.
Employment Act 1955 §60A(1), (2)

» Compensation (for working on a rest day)

In the case of an employee employed on a daily, hourly or other similar rate of pay who works on a rest day, he shall be paid for any period of work:
(i) which does not exceed half his normal hours of work, one day’s wages at the ordinary rate of pay; or
(ii) which is more than half but does not exceed his normal hours of work, two days’ wages at the ordinary rate of pay.

In the case of an employee employed on a monthly rate of pay who works on a rest day, he shall be paid for any period of work:
(i) which does not exceed half his normal hours of work, wages equivalent to half the ordinary rate of pay for work done on that day; or
(ii) which is more than half but which does not exceed his normal hours of work, one day’s wages at the ordinary rate of pay for work done on that day.

For any work carried out in excess of the normal hours of work on a rest day by an employee, he shall be paid at a rate which is not less than two times his hourly rate of pay.

In the case of an employee employed on piece rates who works on a rest day, he shall be paid twice his ordinary rate per piece.
Employment Act 1955 §60(3)

Special categories


» Shift workers

In the case of an employee engaged in shift work, any continuous period of not less than 30 hours shall constitute a rest day.
Employment Act 1955 §59(1A)

» Domestic workers

Domestic workers are excuded from the entitlement to weekly rest days under the Employment Act. No alternative provisions identified.
Employment Act 1955 §1(2), First Schedule at §2(5) (Exclusions)

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Duration


» General

An employee who has completed 12 months of services is entitled to paid annual leave of:
(1) 8 days if employed for a period of less than 2 years;
(2) 12 days if employed for a period between 2 to 5 years;
(3) 16 days if employed for a period of 5 years or more.
Labour Ordinance (Sabah Cap 67 Amendment 2005) §104D
Employment Act 1955 §60E
Historical data (year indicates year of data collection)
  • 2009: An employee who has completed 12 months of services is entitled to paid annual leave of: (1) 8 days if employed for a period of less than 2 years; (2) 12 days if employed for a period between 2 to 5 years; (3) 16 days if employed for a period of 5 years or more.
  • 2007: An employee who has completed 12 months of services is entitled to paid annual leave of: (1) 8 days if employed for a period of less than 2 years; (2) 12 days if employed for a period between 2 to 5 years; (3) 16 days if employed for a period of 5 years or more.
  • 1995: 8 days.

» Exceptions

The employer and worker may agree in writing to not take the annual leave, all or parts of it, and receive pay in lieu of leave.
Workers absenting themselves from work without the permission of the employer and without a reasonable excuse for more than 10 per cent of the working days during the 12 months of continous service in respect of which the entitlement to leave accrues are not entitled to paid annual leave.
Employment Act 1955 §60E(1), (2), and (3)

Special categories


» Domestic work

Domestic workers are excuded from the entitlement to annual leave under the Employment Act. No alternative provisions identified.
Employment Act 1955 §1(2), First Schedule at §2(5) (Exclusions)

PUBLIC HOLIDAYS


Number and dates

Every employee shall be entitled to a holiday on the following days in any one calendar year:
(a) on 10 of the gazetted public holidays, four of which shall be:
(i) the National Day;
(ii) the Birthday of the Yang di-Pertuan Agong;
(iii) the Birthday of the Ruler or the Yang di-Pertua Negeri of the State in which the employee wholly or mainly works under his contract of service, or the Federal Territory Day, if the employee wholly or mainly works in the Federal Territory; and
(iv) the Workers’ Day; and
(b) on any day declared as a public holiday under section 8 of the Holidays Act 1951.

There are 9 gazetted public holidays (totalling 11 days in length), as follows:
(1) Birthday of the Prophet Muhammad;
(2) Hari Kebangsaan or National Day;
(3) Chinese New Year (1 day in the States of Kelantan and Terengganu, 2 days in the other States);
(4) Wesak Day;
(5) Birthday of the Yang di-Pertuan Agong;
(6) Hari Raya Puasa (2 days);
(7) Hari Raya Haji (2 days in the States of Kelantan and Terengganu, 1 day in the other States);
(8) Deepavali;
(9) Christmas day.
Employment Act 1955 §60D(1)
Holidays Act 1951 §8 and First schedule
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Payment

Public holidays are to be paid at the employee’s ordinary rate of pay, except where the employee absents himself from work on the working day immediately preceding or immediately succeeding a public holiday without the consent of his employer (unless he has a reasonable excuse for his absence).
Employment Act 1955 §60D(1), (2)

Work on Public Holidays


» Criteria

No criteria for requiring an employee to work on a public holiday identified.
Employment Act 1955 §60D(3)(a)

» Compensation

In the event that an employee is required to work on a public holiday, he shall be paid, in addition to the holiday pay he is entitled to for that day, and even if the period of work done on that day is less than the employee’s normal hours of work:
(i) if paid a monthly, weekly, daily, hourly, or other similar rate - 2 days’ wages at the ordinary rate of pay; or
(ii) if paid piece rates - twice the ordinary rate per piece.

If the employee is required to work in excess of his normal hours of work, he shall be paid for that time:
(i) if paid a monthly, weekly, daily, hourly, or other similar rate - at a rate which is not less than 3 times his hourly rate of pay; or
(ii) if paid piece rates - 3 times the ordinary rate per piece.

If any such holiday falls on a half working day, the ordinary rate of pay payable shall be that of a full working day.
Employment Act 1955 §60D(3)(a), (4)
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EMERGENCY FAMILY LEAVE

No relevant provisions identified.

PART-TIME WORK


Limits


Daily hours limit

The normal hours of work of a part-time employee shall be 70% of the normal hours of work of a full time employee employed in a similar capacity in the same enterprise or, if no such full time employee exists, 5.6 hours (being 70% of 8 hours) per day.
Employment Act 1955 §4

Weekly hours limit

The normal hours of work of a part-time employee shall be 70% of the normal hours of work of a full time employee employed in a similar capacity in the same enterprise or, if no such full time employee exists, 33.6 hours (being 70% of 48 hours) per week.
Employment (Part-Time Employees) Regulations 2010 §4

Overtime work

No limitation on overtime work specific to part-time employees identified.

With respect to payment for such work, the employer shall pay the part-time employee for overtime work at the following rates:
(a) not less than his hourly rate of pay for each hour or part thereof which exceeds the normal hours of work of the part-time employee but does not exceed the normal hours of work of a full time employee employed in a similar capacity in the same enterprise; and
(b) not less than 1.5 times the hourly rate of pay of the parttime employee for each hour or part thereof which exceeds the normal hours of work of a full time employee employed in a similar capacity in the same enterprise.
Employment (Part-Time Employees) Regulations 2010 §5(1)

Schedule

No provisions specific to scheduling for part-time employees identified.

Rest breaks

No rest breaks provisions specific to part-time employees identified.

Daily rest period

No relevant provisions identified.

Weekly rest period

A part-time employee shall be entitled to a rest day in each week if he works 5 days or more with a total working hours of not less than 20 hours a week.
Employment (Part-Time Employees) Regulations 2010 §9
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Annual leave

A part-time employee shall be entitled to paid annual leave of:
(a) not less than 6 days for every 12 months of continuous service with the same employer if he has been employed by that employer for a period of less than 2 years;
(b) not less than 8 days for every 12 months of continuous service with the same employer if he has been employed by that employer for a period of 2years or more but less than 5 years; and
(c) not less than 11 days for every 12 months of continuous service with the same employer if he has been employed by that employer for a period of 5 years or more.

The employer shall pay the part-time employee his ordinary rate of pay for every day of paid annual leave taken by the part-time employee.
Employment (Part-Time Employees) Regulations 2010 §7
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Right to equal treatment


Right/scope

No relevant provision identified.

NIGHT WORK


Criteria for night work

No provisions regulating night work identified, except for prohibitions on children, young persons and women.

Special categories


Young workers

No young person shall be engaged to work between the hours of 8 o’clock in the evening and 6 o’clock in the morning.

No child shall be engaged to work between the hours of 8 o’clock in the evening and 7 o’clock in the morning.
Children and Young Persons (Employment) Act 1966 §§5(1)(a), 6(1)(a)

Women

No employer shall require any female employee to work in any industrial or agricultural undertaking between the hours of 10 o’clock in the evening and 5 o’clock in the morning. However, the Director General may, on application made to him in any particular case, exempt in writing any female employee or class of female employees from any restriction in this subsection, subject to any conditions he may impose.
Employment Act 1955 §34(1)

SHIFT WORK


Limits


Daily hours limit

An employee who is engaged under his contract of service in shift work may be required by his employer to work more than 8 hours in any one day. However, the employer may not require the employee to work for more than 12 hours in any one day, except in the following circumstances:
(1) workplace accidents, whether actual or threatened;
(2) for work essential to the community;
(3) for work essential to defence or security;
(4) for urgent work to machinery;
(5) in case of unforeseen interruption of work;
(6) for work essential to the economy; and
(7) for work in essential services, e.g. hospitals.
Employment Act 1955 §§60A(2), 60C(1), 60C(2)

Weekly limit

An employee who is engaged under his contract of service in shift work may be required by his employer to work more than 8 hours in any one day or more than 48 hours in any one week. However, the average number of hours worked over any period of 3 weeks (or any longer period as approved by the Director General) shall not exceed 48 per week.
Employment Act 1955 §60C(1)

Rest breaks

An employee who is engaged in work which must be carried on continuously and which requires his continual attendance may be required to work for eight consecutive hours inclusive of a period or periods of not less than 45 minutes in the aggregate during which he shall have the opportunity to have a meal.
Employment Act 1955 §60A(ii)

Weekly rest period

Employees engaged in shift work are entitled to one continuous period of not less than 30 hours per week as a weekly rest day. However, an employee who is engaged in work which by reason of its nature requires to be carried on continuously or continually by two or more shifts may be compelled to work on a rest day.
Employment Act 1955 §§59(1A), 60(1)
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ON-CALL WORK


Criteria

No provisions regulating on-call work identified.

FLEXITIME


Criteria

No provisions regulating flexitime identified.

CASUAL WORK


General provisions

The Employment Act does not expressly refer to or exclude casual work, suggesting that they are implicitly covered by its provisions. However, casual employees are expressly excluded from the Employment (Part-Time Employees) Regulations 2010.
Employment (Part-Time Employees) Regulations 2010 §3(a)

SHORT-TIME WORK/WORK-SHARING


General provisions

No provisions regulating short-time work or work-sharing arrangements identified.

RIGHT TO CHANGE WORKING HOURS


Type of changes permitted

No entitlement to request a change of working time identified.

INFORMATION & CONSULTATION


Information

Every employer shall prepare and keep one or more registers containing such information regarding each employee employed by him as may be prescribed by regulations made under the Employment Act.
Employment Act 1955 §61
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Consultation

No consultation requirements identified.

Results generated on: 29th August 2014 at 01:15:48.
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