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Papua New Guinea - Working time - 2011


LAST UPDATE

28 September 2011

SOURCES


Name of Act

Employment Act, Act No. 54 of 1978, dated 12 September 1978, National Gazette 1978. Published by Pacific Islands Legislation Information Institute at www.paclii.org and accessed 22 September 2011
Employment Act 1978
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Name of Act

Employment Regulation 1980, as amended to 2006. Published by Pacific Islands Legislation Information Institute at www.paclii.org and accessed 22 September 2011.

LEGAL DEFINITIONS


Working time/working hours

Normal working hours means hours of duty other than call-out duty, overtime or stand-by duty.
Employment Act 1978 §48

Employee/worker

Employee means a person serving another person under a contract of service and includes a prospective employee.
Employment Act 1978 §1
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Employer

Employer means a person who employs another person under a contract of service and includes a prospective employer.
Employment Act 1978 §1
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Overtime/overtime work

Overtime means:
(a) in respect of an employee other than an employee employed on shift work means:
(i) all time worked in excess of eight hours in any one day other than a Saturday, Sunday or public holiday; and
(ii) all time worked on a Saturday after 12 noon; and
(iii) all time worked on a Sunday or public holiday; and

(b) in respect of an employee employed on shift work:
(i) all time worked in excess of eight hours in any one day; and
(ii) all time worked in excess of 44 hours in any period of seven days.
Employment Act 1978 §48

Shift work(er)

Shift work means work that is performed in three intervals of duty spread over a 24 hour period.
Employment Act 1978 §48

On-call work

Call-out duty means overtime which an employee is required to perform without prior notice being given during:
(a) normal working hours; or
(b) stand-by duty.

Stand-by duty means periods when an employee not actually working is required to be available for duty.
Employment Act 1978 §48

NORMAL HOURS LIMITS


Daily hours limit


General limit

An employee shall not be required to work more than 12 hours in any one day.
Employment Act 1978 §49(1)

Exceptions

The maximum hours worked per day shall be exceeded only in the case of:
(a) accident, actual or threatened; and
(b) urgent work to be done to machinery, installations or plant, so far as is necessary for the safety of, or to avoid serious interference with, the ordinary working of the establishment or undertaking; and
(c) sudden emergency or the necessity to deal with circumstances which could not reasonably have been foreseen or otherwise dealt with; and
(d) employees engaged on work which must be performed in order to avoid the deterioration or loss of materials or goods and which by reason of their nature or of exceptional circumstances it has not been possible to complete within the maximum hours; and
(e) employees whose continued presence is necessary for the completion of operations which for technical reasons cannot be interrupted at will, and that by reason of exceptional circumstances it has not been possible to complete within the maximum hours; and
(f) employees engaged on work required to co-ordinate the work of two successive shifts; and
(g) employees engaged in the loading or unloading of goods and cargo to or from ships or aircraft or in work associated with the arrival or departure of ships or aircraft where in either case weather conditions have caused a stoppage of work for the rest period to be dispensed with or for the maximum working hours to be exceeded by not more than four hours; and
(h) employees whose services are necessary for:
(i) the care of the sick, infirm or mentally unfit; or
(ii) ensuring the efficient working of public utilities; and
(i) employees who are employed on defence projects.

The maximum daily hours limit may also be varied by a registered award.
Employment Act 1978 §§49(1), 50(1)

Weekly hours limit


General limit

No limit is imposed on weekly hours of work per se. However, any time worked in excess of 44 hours in any 7 day period will be overtime for the purposes of the Employment Act 1978 and must be compensated accordingly.
Employment Act 1978 §§1, 52(4)(b)

OVERTIME WORK


Criteria for overtime


General

No criteria are imposed on when an employer may require an employee to work overtime.

Worker`s influence

Where overtime is to be worked on a Sunday or a public holiday, it shall be by agreement between the employer and the employee or between their respective registered industrial organizations. The worker’s consent is not required for overtime on any other day.
Employment Act 1978 §51(2)

Limits on overtime hours


General limits

Overtime required is to be limited to a reasonable amount.
Employment Act 1978 §51(1)
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Restrictions/exceptions

Where an employee is engaged as a winchman or in operating machinery or equipment the careless or inefficient use of which may constitute a danger to the health or life of the employee or to other persons, an employer shall not require or permit the employee to work any consecutive periods including overtime that may cause the employee to suffer from fatigue or become careless or inefficient in the discharge of his duties.
Employment Act 1978 §51(3)

Compensation for overtime work


Overtime rate(s)

Overtime worked:
(a) on a Sunday shall be paid at twice the hourly rate; and
(b) on a public holiday shall be paid at the hourly rate; and
(c) at any time, other than a Sunday or a public holiday, shall be paid at one and one half times the hourly rate.

For the purposes of the calculation of overtime:
(i) there shall be deemed to be 52 weeks in a year; and
(ii) there shall be deemed to be 44 hours in a week; and
(iii) the hourly rate shall be calculated by dividing the annual wage by the number of working hours deemed to be in a year (2,288hrs), by dividing the weekly wage by the number of working hours deemed to be in a week (44hrs), or by dividing the daily wage by eight.
Employment Act 1978 §52(2), (4)
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Exceptions

No exceptions identified.

Compensatory rest

Instead of paying for overtime worked, an employer may, by agreement with an employee, allow the employee time off during normal working hours at least equal in length to the overtime worked. The compensatory rest must be granted before either the expiration of seven days after the day on which the overtime was worked, or the last day on which the overtime is payable, whichever is the later.
Employment Act 1978 §52(5)

Compensation procedure

Payment in respect of any overtime performed during any month shall be made as soon as is convenient to the employer after the overtime is performed, but in any case not later than the earlier of:
(i) seven days after the next day on which payment of current wages would normally be due; or
(ii) termination of employment.

Payment of overtime is be calculated to the nearest toea and to the nearest quarter of an hour of the total overtime performed during the relevant payment period.
Employment Act 1978 §55

Notice of requirement to work overtime

No notice requirements identified.

SCHEDULES


General

No provisions regulating work schedules identified.

REST PERIODS


Rest breaks


General provisions

An employee shall not be required to work for more than 5 hours without a meal or rest period of the following duration:
(a) where the employee has been allowed a rest period of at least 10 minutes during the 5 hours - not less than 30 minutes;
(b) where the employee has not been allowed a rest period of at least 10 minutes during the 5 hours - not less than 40 minutes;

Where the employee is required to work 8 hours or more in any day, the employee shall be allowed one or more meal or rest periods totalling in the aggregate not less than 50 minutes.
Employment Act 1978 §49(2)

Exceptions

Employers may avoid the rest period requirements only in the case of:
(a) accident, actual or threatened; and
(b) urgent work to be done to machinery, installations or plant, so far as is necessary for the safety of, or to avoid serious interference with, the ordinary working of the establishment or undertaking; and
(c) sudden emergency or the necessity to deal with circumstances which could not reasonably have been foreseen or otherwise dealt with; and
(d) employees engaged on work which must be performed in order to avoid the deterioration or loss of materials or goods and which by reason of their nature or of exceptional circumstances it has not been possible to complete within the maximum hours; and
(e) employees whose continued presence is necessary for the completion of operations which for technical reasons cannot be interrupted at will, and that by reason of exceptional circumstances it has not been possible to complete within the maximum hours; and
(f) employees engaged on work required to co-ordinate the work of two successive shifts; and
(g) employees engaged in the loading or unloading of goods and cargo to or from ships or aircraft or in work associated with the arrival or departure of ships or aircraft where in either case weather conditions have caused a stoppage of work for the rest period to be dispensed with or for the maximum working hours to be exceeded by not more than four hours; and
(h) employees whose services are necessary for:
(i) the care of the sick, infirm or mentally unfit; or
(ii) ensuring the efficient working of public utilities; and
(i) employees who are employed on defence projects.

The rest period requirements may also be varied by a registered award.
Employment Act 1978 §§49(2), 50(1)

Special categories


» Pregnant workers/recent birth

Where an employee is nursing her child, she shall be allowed 2 half-hour breaks each day during normal working hours for that purpose.
Employment Act 1978 §101(1), (2)

Daily rest periods


Duration

No express provision for daily rest periods identified.

Weekly rest periods


Duration


» General

Employees who are not engaged on shift work shall be allowed a rest period of at least 24 consecutive hours in every week counting from Monday to Sunday inclusive.
Employment Act 1978 §49(3)(a)

» Exceptions

Employers may avoid the weekly rest period requirement only in the case of:
(a) accident, actual or threatened; and
(b) urgent work to be done to machinery, installations or plant, so far as is necessary for the safety of, or to avoid serious interference with, the ordinary working of the establishment or undertaking; and
(c) sudden emergency or the necessity to deal with circumstances which could not reasonably have been foreseen or otherwise dealt with; and
(d) employees engaged on work which must be performed in order to avoid the deterioration or loss of materials or goods and which by reason of their nature or of exceptional circumstances it has not been possible to complete within the maximum hours; and
(e) employees whose continued presence is necessary for the completion of operations which for technical reasons cannot be interrupted at will, and that by reason of exceptional circumstances it has not been possible to complete within the maximum hours; and
(f) employees engaged on work required to co-ordinate the work of two successive shifts; and
(g) employees engaged in the loading or unloading of goods and cargo to or from ships or aircraft or in work associated with the arrival or departure of ships or aircraft where in either case weather conditions have caused a stoppage of work for the rest period to be dispensed with or for the maximum working hours to be exceeded by not more than four hours; and
(h) employees whose services are necessary for:
(i) the care of the sick, infirm or mentally unfit; or
(ii) ensuring the efficient working of public utilities; and
(i) employees who are employed on defence projects.

The weekly rest period requirement may also be varied by a registered award.
Employment Act 1978 §§49(3), 50(1)
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Day specified


» General

No day specified by statute.

Special categories


» Shift workers

Employees who are engaged on shift work shall be allowed rest periods which, in each instance, shall be of not less than 24 consecutive hours and shall total in the aggregate not less than 96 hours in every period of 28 days.
Employment Act 1978 §49(3)(b)

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

The right to recreation leave accrues at the end of each period of 12 months’ continuous service with the same employer. However, an employee must be paid an amount in lieu of untaken annual leave upon termination of employment, provided the employee has completed not less than six months continuous service.
Employment Act 1978 §§59, 60, 61(2), 61(4), 61(5)
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Duration


» General

Employees are entitled to 14 consecutive days’ annual leave, including non-working days.
Employment Act 1978 §61(1)
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» Exceptions

Casual and piece-rate workers are not entitled to annual leave.

Further, annual leave entitlements may be varied by registered award.
Employment Act 1978 §§58, 61(1)

Payment


» Amount

An employer shall pay to the employee his ordinary rate of pay for every day of recreation leave to which he is entitled.
Employment Act 1978 §62

» Date of payment

An employer shall pay the total of the employee’s entitlement prior to the commencement of the recreation leave.
Employment Act 1978 §62

Schedule and splitting

Recreation leave credits may be accrued, by agreement between the employer and employee, for any period of continuous service to a maximum of four years.
Employment Act 1978 §61(3)

Work during annual leave

No provision for work during annual leave identified.

PUBLIC HOLIDAYS


Number and dates

As of 2011, there are 9 annual public holidays in Papua New Guinea. In 2012, these reportedly fall on the following dates:
1 January - New Year’s Day
6 April - Good Friday
9 April - Easter Monday
11 June - Queen’s Birthday
23 July - National Rememberance Day
26 August - National Day of Repentance
16 September - Independence Day
25 December - Christmas Day
26 December - Boxing Day

Payment

Where an employee is in employment on a day immediately preceding a public holiday he shall, if not required to work on that holiday, be paid his usual wages for that day as if he had worked and it had not been a public holiday. However, this entitlement does not apply to casual or piece-rate employees.
Employment Act 1978 §86

Work on Public Holidays


» Criteria

No criteria for requiring employees to work on public holidays identified.

» Compensation

All time worked on a public holiday by non-shift workers is considered overtime, and paid at the employee’s hourly rate.

Where an employee works on Good Friday or Christmas Day he shall be allowed time off, during normal working hours within the following 7 days, at least equivalent to the time worked on Good Friday or Christmas Day. The compensatory rest is in addition to the overtime payment for that duty.
Employment Act 1978 §§48, 52(2)(b), 56
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EMERGENCY FAMILY LEAVE

No provision for emergency family leave identified.

PART-TIME WORK


General provisions

No provision for part-time work identified.

NIGHT WORK


Criteria for night work

No criteria for requiring workers to work at night identified.

Special categories


Young workers

A person under 16 years of age shall not be employed between 6 p.m. and 6 a.m. Further, a person 16 or 17 years of age shall not be employed between 6 p.m. and 6 a.m, except in an undertaking in which only members of his family are employed.
Employment Act 1978 §105

Women

Female persons shall not be employed between the hours of 6 p.m. and 6 a.m. in any industrial undertaking, except where she:
(a) holds a responsible position at a managerial or technical level; or
(b) is employed in health or welfare services; or
(c) is employed in an undertaking in which only members of the same family are employed.

The Minister may, where in his opinion there exists a national emergency or it is in the national interest to do so, by notice in the National Gazette, suspend the operation of the prohibition on night work for women.
Employment Act 1978 §99

SHIFT WORK


Criteria for shift work

No provisions specific to shift work identified.

ON-CALL WORK


Criteria

No criteria are imposed for the use of stand-by and call-out duty.
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Prohibitions and limitations

An employee shall not be liable to stand-by duty during any rest period prescribed under §§49(2) (rest periods), 49(3) (weekly rest periods), 52(5) (compensatory rest for overtime) or 56 (compensatory rest for work on Good Friday or Christmas Day).
Employment Act 1978 §49(5)

Limits

No upper limit on the number of hours an employee may be required for stand-by duty identified. However, minimum and maximum limits apply to overtime performed as a consequence of a call-out.
Employment Act 1978 §§51, 54

Overtime work

All call-out work shall be deemed overtime work and, as such, must be kept within to ’reasonable amount’. An employee who is required to perform call-out duty must be paid for a minimum of 3 hours.
Employment Act 1978 §§51(1), 54(2)
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Rest breaks

No provision for rest breaks specific to on-call work identified. However, the Employment Act prohibits an employee from being required to be on stand-by duty during any prescribed rest breaks.
Employment Act 1978 §49(5)

Calculation of working time

Time spent on stand-by or call-out is expressly excluded from the term ’normal working hours’ and is to be calculated to the nearest quarter of an hour.

Stand-by duty shall be deemed to cease when the employee reports for duty as required by the employer, or is notified by the employer that he or she is no longer on stand-by.
Employment Act 1978 §§48, 52, 53, 54, 55
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Weekly rest period

No provision for weekly rest periods specific to on-call work identified. However, the Employment Act prohibits an employee from being required to be on stand-by duty during prescribed weekly rest periods.
Employment Act 1978 §49(5)

FLEXITIME


Criteria

No provisions regulating flexitime identified.

CASUAL WORK


General provisions

There are no restrictions on employing persons as casual workers. However, where a casual worker is employed by the same employer for more than six days in any one month he shall be deemed to be an oral contract employee and a written record of the terms and conditions of the contract must be made by the employer.
Employment Act 1978 §§9, 15

Normal hours limit

The normal hours limit applies to casual workers.
Employment Act 1978 §47

Overtime work

The provisions regulating overtime work apply to casual workers.
Employment Act 1978 §47

Schedules

No relevant provisions identified.

Rest periods

Casual employees are entitled to rest periods in accordance with §49 of the Employment Act.
Employment Act 1978 §47

Annual leave

Casual workers are not entitled to annual leave under the Employment Act 1978.
Employment Act 1978 §58

SHORT-TIME WORK/WORK-SHARING


General provisions

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

RIGHT TO CHANGE WORKING HOURS


Type of changes permitted

No provision for a right to change working time arrangements identified.

INFORMATION & CONSULTATION


Information

No provisions requiring employers to provide information to employees on working time arrangements identified. However, employers must keep a record of employees’ service and leave entitlements in the prescribed form in relation to each employee who is not a casual or piece-rate worker.
Employment Regulation 1980 §9
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Consultation

No consultation requirements identified.

Results generated on: 25th November 2014 at 02:45:24.
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