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Solomon Islands - Working time - 2011


LAST UPDATE

24 October 2011

SOURCES


Name of Act

Labour Act, as amended to 1996, and related Rules, including the Labour (Domestic Servants) Rules and the Holidays, Sick Leave and Passages Rules. Published by the Pacific Islands Legal Information Institute at http://www.paclii.org/sb/legis/consol_act/la84/ and accessed 20 October 2011.

LEGAL DEFINITIONS


Employee/worker

’Worker’ means any person who has entered into or works under a contract of service or apprenticeship with an employer whether by way of manual labour, clerical work or otherwise, whether the contract is expressed or implied, is oral or in writing, but does not include a domestic servant or seaman.
Labour Act and Rules §2

Employer

’Employer’ means any person by whom a worker is employed, and includes a prospective employer.
Labour Act and Rules §2

Domestic worker

’Domestic servant’ means any house, stable or garden servant or car driver employed in, or in connection with, the domestic services of any public or private dwelling-house, eating house, club or institution.
Labour Act and Rules §2

NORMAL HOURS LIMITS


Daily hours limit


General limit

The normal daily hours of work of any worker in an industrial or agricultural undertaking shall not exceed 9 hours.
Labour Act and Rules §13(1)(b)
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Exceptions

Any worker who is engaged in an undertaking which does not fall within the definition of industrial undertaking or agricultural undertaking is excluded from the 9 hour daily limit under the Labour Act.

The Minister may also by Order suspend the limitations on working hours at any time when Solomon Islands is at war or when a state of public emergency has been declared.
Labour Act and Rules §§2, 13(1)(b), 13(8)

Special categories


» Shift work

Shift workers may be required to work an average of 9 hours a day calculated over a 3 week period.
Labour Act and Rules §13(2)

» Domestic work

The daily hours limit applies to domestic servants by virtue of the Labour (Domestic Servants) Rules.
Labour Act and Rules See Labour (Domestic Servants) Rules at pp35-36

Weekly hours limit


General limit

The normal weekly hours of any worker shall not exceed 45 hours.

Exceptions

Any worker who is engaged in an undertaking which does not fall within the definition of industrial undertaking or agricultural undertaking is excluded from the 45 hour weekly limit under the Labour Act.

The Minister may also by Order suspend the limitations on working hours at any time when Solomon Islands is at war or when a state of public emergency has been declared.
Labour Act and Rules §§2, 13(1)(b), 13(8)

Special categories


» Shift work

Shift workers may be required to work more than 45 hours in one week, provided that they are not required to work more than an average of 45 hours per week over 3 weeks.
Labour Act and Rules §13(2)

» Domestic work

The daily hours limit applies to domestic servants by virtue of the Labour (Domestic Servants) Rules.
Labour Act and Rules See Labour (Domestic Servants) Rules at pp35-36

OVERTIME WORK


Criteria for overtime


General

No criteria for requiring workers to perform overtime identified.

Worker`s influence

No provision for workers’ influence with regards to overtime identified.

Limits on overtime hours


General limits

The total hours worked, including hours of overtime, must not exceed 57 hours in any work week or 228 hours in any calendar month.
Labour Act and Rules §13(5)

Restrictions/exceptions

An employer may require workers to work more than 57 hours in a week, more than an average of 45 hours in a week over 3 weeks or more 228 hours in a calendar month, provided the employer has demonstrated the necessacity of extending the hours of work and the Commissioner of Labour has approved the extension.
Labour Act and Rules §13(6)

Compensation for overtime work


Overtime rate(s)

Workers undertaking overtime work at the request of, and by prior agreement with their employer, shall be paid for such extra work at the following rates:
(a) for time worked in excess of the normal daily working hours established in the undertaking - at a rate of not less than one and a half times the regular hourly rate of pay;
(b) on Saturdays and Sundays or other agreed rest days substituted therefor - at a rate of not less than one and a half times the hourly rate of pay;
(c) on gazetted public holidays - at a rate of not less than twice the regular hourly rate of pay.
Labour Act and Rules §14(2)

Exceptions

The overtime penalty rates do not apply where an employer and a worker have agreed to the assignment of a task to be performed by the worker as being the equivalent of work for a day of nine hours. In such cases, the performance of such task shall, for the purposes of the Labour Act, be equivalent to working for a day.
Labour Act and Rules §14(3)

Compensatory rest

No provision for compensatory rest identified.

Compensation procedure

No procedure relating to the compensation of overtime identified.

Notice of requirement to work overtime


General provisions

No notice requirements identified.

Special categories


Domestic work

The overtime provisions apply to domestic servants by virtue of the Labour (Domestic Servants) Rules.
Labour Act and Rules Labour (Domestic Servants) Rules

Shift work

In order to ensure continuity of operations an employer may require workers engaged on shift work to remain on duty until relieved by the succeeding shift or until permitted to leave by the supervisor responsible, provided that such workers shall be paid at overtime rates for any additional hours so worked.
Labour Act and Rules §13(4)

SCHEDULES


General

Hours of work and breaks from work shall be so arranged as not to require the worker’s presence at the place of work for more than twelve hours daily.
Labour Act and Rules §13(1)(d)

Exceptions

The Minister may, by Order, suspend the requirement when Solomon Islands is at war or when a state of public emergency has been declared.
Labour Act and Rules §13(8)

REST PERIODS


Rest breaks


General provisions

A worker whose hours of work exceed six hours daily shall be given a break of at least 30 minutes arranged so that the worker does not work continuously for more than 5 hours.
Labour Act and Rules §13(1)(c)

Exceptions

The Minister may, by Order, suspend the rest break requirement at any time when Solomon Islands is at war or when a state of public emergency has been declared.
Labour Act and Rules §13(8)

Daily rest periods


Duration

No right to a daily rest period identified. However, hours of work and breaks from work must be so arranged as not to require the worker’s presence at the place of work for more than 12 hours daily.
Labour Act and Rules §13(1)(d)

Weekly rest periods


Duration


» General

A worker shall be given a weekly rest of at least 24 continuous hours.
Labour Act and Rules §13(1)(e)

» Exceptions

No worker shall be required to work on more than 6 days in one week, unless such worker is employed in a service to which the Essential Services Act applies or in an occupation in which work on public holidays or customary rest days is expressly provided for in his contract of service.
Labour Act and Rules §13(1)(f)

Day specified


» General

Where practicable, the weekly rest shall fall on Sundays or other customary rest days.
Labour Act and Rules §13(1)(e)

Work on weekly rest day


» Criteria

No criteria for requiring an employee to work on a weekly rest day identified.

» Compensation (for working on a rest day)

For hours worked on Saturdays and Sundays or other agreed weekly rest days which are in excess of the employee’s normal working hours, the employee is to be paid at a rate of not less than one and a half times the hourly rate of pay. No rate stipulated for any other work performed on Saturdays and Sundays or other agreed weekly rest days (i.e. that falls within an employee’s normal hours of work).
Labour Act and Rules §14(2)(b)

» Prohibitions and limitations

No worker shall be required to work on more than 6 days in one week, unless such worker is employed in a service to which the Essential Services Act applies or in an occupation in which work on customary rest days is expressly provided for in his contract of service.
Labour Act and Rules §13(1)(f)

Special categories


» Shift workers

Workers engaged on shift work shall be given at least 24 continuous hours of rest weekly notwithstanding that the incidence of shift rotas may be such that this rest period does not coincide with the normal or customary weekly rest days.
Labour Act and Rules §13(3)

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

Annual leave entitlements accrue with each completed month of service. No further qualifying period identified.
Labour Act and Rules Labour (Holidays, Sick Leave and Passages) Rules, §4(1)

Duration


» General

Each worker is entitled to be given by his employer a holiday at the rate of not less than 1.25 working days for each complete calendar month of employment in an undertaking.
Labour Act and Rules Labour (Holidays, Sick Leave and Passages) Rules, §4(1)
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» Exceptions

No exceptions identified.

Payment


» Amount

A worker shall be paid at the rate normally applicable to him.
Labour Act and Rules Labour (Holidays, Sick Leave and Passages) Rules at §4(2)
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» Date of payment

No relevant provisions identified.

Schedule and splitting

No relevant provisions identified.

Work during annual leave

The Labour Act does not contemplate work during periods of annual leave.

PUBLIC HOLIDAYS


Number and dates

The gazetted public holidays have not been identified.

Payment

Provision for the payment of public holidays not worked have not been identified.

Work on Public Holidays


» Criteria

No worker shall be required to work on a gazetted public holiday, unless such worker is employed in a service to which the Essential Services Act applies or in an occupation in which work on public holidays is expressly provided for in his contract of service.
Labour Act and Rules §13(1)(f)

» Compensation

Any overtime performed on gazetted public holidays must be paid at a rate of not less than twice the regular hourly rate of pay.
Labour Act and Rules §14(2)(c)

EMERGENCY FAMILY LEAVE

No provision for emergency family leave identified.

PART-TIME WORK


General provisions

No provisions dealing specifically with part-time work identified.

NIGHT WORK


Criteria for night work

No criteria identified. The only provisions regulating night work relate to the prohibitions on women and young workers.

Special categories


Young workers

A person under the age of 18 years shall not be employed or work during the night in any industrial undertaking, although a male person over the age of 16 years may be so employed with the permission in writing of the Commissioner.
Labour Act and Rules §49
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Women

Women shall not be employed during the night in any undertaking, except where the night work:
(a) has to do with raw materials or materials in course of treatment which are subject to rapid deterioration; or
(b) is necessitated by an emergency which it was impossible to foresee and which is not of a recurring character; or
(c) is that of a responsible position of management held by a woman who is not ordinarily engaged in manual work; or
(d) is that of nursing and of caring for the sick, or other health or welfare work; or
(e) is carried on in a cinematograph or other theatre while such theatre is open to the public; or
(f) is carried on in connection with a hotel or guest house, or with a bar, restaurant or club; or
(g) is carried on by a registered pharmacist; or
(h) is not prohibited by an international convention applying to Solomon Islands and is specifically declared by the Minister by order to be work upon which women may so be employed.

The Minister may by order from time to time suspend the prohibition of the employment of women during the night when in case of serious emergency the public interest so demands.
Labour Act and Rules §§39, 41
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SHIFT WORK


Criteria for shift work

The Labour Act anticipates that shift work shall be utilised by undertakings which, by their nature, are required to be carried on continuously. While the Labour Act does not expressly restrict the use of shift work to such enterprises, it limits the extended hours limits (i.e. 9 per day and 45 per week averaged over 3 weeks) to ’those processes which by reason of their nature are required to be carried on continuously by a succession of shifts’.
Labour Act and Rules §13(2)

Limits


Daily hours limit

Shift workers may be required to work 9 hours a day.
Labour Act and Rules §13(2)

Weekly limit

Shift workers may be required to work more than 45 hours in one week, provided that they are not required to work more than an average of 45 hours per week over 3 weeks.
Labour Act and Rules §13(2)

Schedule

In order to ensure continuity of operations an employer may require workers engaged on shift work to remain on duty until relieved by the succeeding shift or until permitted to leave by the supervisor responsible, provided that such workers shall be paid at overtime rates for any additional hours so worked.
Labour Act and Rules §13(4)

Weekly rest period

Workers engaged on shift work shall be given at least 24 continuous hours of rest weekly notwithstanding that the incidence of shift rotas may be such that this rest period does not coincide with the normal or customary weekly rest days.
Labour Act and Rules §13(3)

ON-CALL WORK


Criteria

No provisions regulating on-call work identified.

CASUAL WORK


General provisions

A ’casual employee or worker’ is an employee or worker employed on a temporary or irregular basis at an hourly or daily rate of wages payable at the end of each day or on completion of a task or piece of work specified at the time of engagement which task is capable of being completed in a shorter period than the normal working week or the statutory working week whichever is the lesser.
Labour Act and Rules §2

Normal hours limit

The normal hours limits apply to casual workers.

Overtime work

The general overtime provisions apply to casual workers.

Schedules

The general scheduling requirements apply to casual workers.

Rest periods

The rest period entitlements apply to casual workers.

Annual leave

The annual leave entitlements apply to casual workers.

SHORT-TIME WORK/WORK-SHARING


General provisions

No provision for short-time work or work-sharing arrangements identified.

RIGHT TO CHANGE WORKING HOURS


Type of changes permitted

No right for employees to change working time identified.

INFORMATION & CONSULTATION


Information

Employers shall notify workers, by posting notices in conspicuous places in the work premises or other appropriate places or by such other method as may be approved, of the hours at which work begins and ends, including shift work, the rest intervals during the period of work which are not reckoned as part of the working hours, and the weekly rest period to be accorded to workers.
Labour Act and Rules §13(7)

Consultation

No consultation regarding working time arrangements identified.

Results generated on: 01st October 2014 at 12:32:04.
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