§ 40 — Shift workers, etc.

40.—(1) Despite section 38(1), an employee who is engaged under his or her contract of service in regular shift work or who has otherwise consented in writing to work in accordance with the hours of work specified in this section may be required to work more than 6 consecutive hours, more than 8 hours in any one day or more than 44 hours in any one week but the average number of hours worked over any continuous period of 3 weeks must not exceed 44 hours per week.(2) No consent given by an employee under this section is valid unless this section and section 38 have been explained to the employee and the employee has been informed of the times at which the hours of work begin and end, the number of working days in each week and the weekly rest day.

(2A) An employee to whom this section applies may be required by his or her employer to exceed the limit of hours prescribed in subsection (1) and to work on a rest day, in the case of —(a)

accident, actual or threatened;

(b)

work, the performance of which is essential to the life of the community;

(c)

work essential for defence or security;

(d)

urgent work to be done to machinery or plant;

(e)

an interruption of work which it was impossible to foresee; or

(f)

work to be performed by employees in any industrial undertaking essential to the economy of Singapore or any of the essential services as defined under Part 3 of the Criminal Law (Temporary Provisions) Act 1955.[26/2013]

(3) Except in the circumstances described in subsection (2A)(a), (b), (c), (d) and (e), an employee to whom this section applies must not under any circumstances work for more than 12 hours in any one day.[26/2013]

(4) Section 38(4) does not apply to any employee to whom this section applies, but any such employee who at the request of his or her employer works more than an average of 44 hours per week over any continuous period of 3 weeks must be paid for the extra work in accordance with section 38(4).

—(1) Despite section 38(1), an employee who is engaged under his or her contract of service in regular shift work or who has otherwise consented in writing to work in accordance with the hours of work specified in this section may be required to work more than 6 consecutive hours, more than 8 hours in any one day or more than 44 hours in any one week but the average number of hours worked over any continuous period of 3 weeks must not exceed 44 hours per week.

(2) No consent given by an employee under this section is valid unless this section and section 38 have been explained to the employee and the employee has been informed of the times at which the hours of work begin and end, the number of working days in each week and the weekly rest day.

(2A) An employee to whom this section applies may be required by his or her employer to exceed the limit of hours prescribed in subsection (1) and to work on a rest day, in the case of —(a)

accident, actual or threatened;

(b)

work, the performance of which is essential to the life of the community;

(c)

work essential for defence or security;

(d)

urgent work to be done to machinery or plant;

(e)

an interruption of work which it was impossible to foresee; or

(f)

work to be performed by employees in any industrial undertaking essential to the economy of Singapore or any of the essential services as defined under Part 3 of the Criminal Law (Temporary Provisions) Act 1955.[26/2013]

(3) Except in the circumstances described in subsection (2A)(a), (b), (c), (d) and (e), an employee to whom this section applies must not under any circumstances work for more than 12 hours in any one day.[26/2013]

(4) Section 38(4) does not apply to any employee to whom this section applies, but any such employee who at the request of his or her employer works more than an average of 44 hours per week over any continuous period of 3 weeks must be paid for the extra work in accordance with section 38(4).