§ 37 — Work on rest day

37.—(1) Subject to section 38(2) or 40(2A), an employee must not be compelled to work on a rest day unless he or she is engaged in work which by reason of its nature requires to be carried on continuously by a succession of shifts.(1A) In the event of any dispute, the Commissioner has power to decide whether or not an employee is engaged in work which by reason of its nature requires to be carried on continuously by a succession of shifts.

(2) An employee who at his or her own request works for an employer on a rest day must be paid for that day —(a)

if the period of work does not exceed half the employee’s normal hours of work, a sum at the basic rate of pay for half a day’s work;

(b)

if the period of work is more than half but does not exceed the employee’s normal hours of work, a sum at the basic rate of pay for one day’s work; or

(c)

if the period of work exceeds the employee’s normal hours of work for one day —(i)

a sum at the basic rate of pay for one day’s work; and

(ii)

a sum at the rate of not less than one and a half times the employee’s hourly basic rate of pay for each hour or part thereof that the period of work exceeds the employee’s normal hours of work for one day.

(3) An employee who at the request of his or her employer works on a rest day must be paid for that day —(a)

if the period of work does not exceed half the employee’s normal hours of work, a sum at the basic rate of pay for one day’s work;

(b)

if the period of work is more than half but does not exceed the employee’s normal hours of work, a sum at the basic rate of pay for 2 days’ work; or

(c)

if the period of work exceeds the employee’s normal hours of work for one day —(i)

a sum at the basic rate of pay for 2 days’ work; and

(ii)

a sum at the rate of not less than one and a half times the employee’s hourly basic rate of pay for each hour or part thereof that the period of work exceeds the employee’s normal hours of work for one day.

(3A) In this section —(a)

“normal hours of work” means the number of hours of work (not exceeding the limits applicable to an employee under section 38 or 40, as the case may be) that is agreed between an employer and an employee to be the usual hours of work per day; or in the absence of any such agreement, is deemed to be 8 hours a day; and

(b)

an employee’s “hourly basic rate of pay” is to be calculated in the same manner as for the purpose of calculating payment due to an employee under section 38 for working overtime.

(4) Subsection (3) does not apply to any employee who is employed by the Government or a statutory body in any of the essential services as defined under Part 3 of the Criminal Law (Temporary Provisions) Act 1955, but any such employee who at the request of his or her employer works on a rest day or part thereof must be given a day or part of a day off (as the case may be) in substitution for such a rest day or part thereof.

—(1) Subject to section 38(2) or 40(2A), an employee must not be compelled to work on a rest day unless he or she is engaged in work which by reason of its nature requires to be carried on continuously by a succession of shifts.

(1A) In the event of any dispute, the Commissioner has power to decide whether or not an employee is engaged in work which by reason of its nature requires to be carried on continuously by a succession of shifts.

(2) An employee who at his or her own request works for an employer on a rest day must be paid for that day —(a)

if the period of work does not exceed half the employee’s normal hours of work, a sum at the basic rate of pay for half a day’s work;

(b)

if the period of work is more than half but does not exceed the employee’s normal hours of work, a sum at the basic rate of pay for one day’s work; or

(c)

if the period of work exceeds the employee’s normal hours of work for one day —(i)

a sum at the basic rate of pay for one day’s work; and

(ii)

a sum at the rate of not less than one and a half times the employee’s hourly basic rate of pay for each hour or part thereof that the period of work exceeds the employee’s normal hours of work for one day.

(3) An employee who at the request of his or her employer works on a rest day must be paid for that day —(a)

if the period of work does not exceed half the employee’s normal hours of work, a sum at the basic rate of pay for one day’s work;

(b)

if the period of work is more than half but does not exceed the employee’s normal hours of work, a sum at the basic rate of pay for 2 days’ work; or

(c)

if the period of work exceeds the employee’s normal hours of work for one day —(i)

a sum at the basic rate of pay for 2 days’ work; and

(ii)

a sum at the rate of not less than one and a half times the employee’s hourly basic rate of pay for each hour or part thereof that the period of work exceeds the employee’s normal hours of work for one day.

(3A) In this section —(a)

“normal hours of work” means the number of hours of work (not exceeding the limits applicable to an employee under section 38 or 40, as the case may be) that is agreed between an employer and an employee to be the usual hours of work per day; or in the absence of any such agreement, is deemed to be 8 hours a day; and

(b)

an employee’s “hourly basic rate of pay” is to be calculated in the same manner as for the purpose of calculating payment due to an employee under section 38 for working overtime.

(4) Subsection (3) does not apply to any employee who is employed by the Government or a statutory body in any of the essential services as defined under Part 3 of the Criminal Law (Temporary Provisions) Act 1955, but any such employee who at the request of his or her employer works on a rest day or part thereof must be given a day or part of a day off (as the case may be) in substitution for such a rest day or part thereof.