§ 41A — Power to exempt

41A.—(1) The Commissioner may, after considering the operational needs of the employer and the health and safety of the employee or class of employees, by written order exempt an employee or any class of employees from sections 38(1), (5) and (8) and 40(3) subject to such conditions as the Commissioner thinks fit.(2) The Commissioner may, after considering the operational needs of an employer and the interests of an employee or a class of employees, by written order, direct that the entitlement to be paid for extra work under section 37(2) or (3), 38(4), 40(4) or 88(4) does not apply to that employee or class of employees, subject to such conditions as the Commissioner thinks fit.

(3) Where the Commissioner —(a)

exempts an employee or any class of employees from section 38(1), (5) or (8) or 40(3); or

(b)

directs that the entitlement to be paid for extra work under section 37(2) or (3), 38(4), 40(4) or 88(4) does not apply to an employee or any class of employees,

the employer must display the order or a copy thereof conspicuously in the place where the employee or class of employees are employed.

—(1) The Commissioner may, after considering the operational needs of the employer and the health and safety of the employee or class of employees, by written order exempt an employee or any class of employees from sections 38(1), (5) and (8) and 40(3) subject to such conditions as the Commissioner thinks fit.

(2) The Commissioner may, after considering the operational needs of an employer and the interests of an employee or a class of employees, by written order, direct that the entitlement to be paid for extra work under section 37(2) or (3), 38(4), 40(4) or 88(4) does not apply to that employee or class of employees, subject to such conditions as the Commissioner thinks fit.

(3) Where the Commissioner —(a)

exempts an employee or any class of employees from section 38(1), (5) or (8) or 40(3); or

(b)

directs that the entitlement to be paid for extra work under section 37(2) or (3), 38(4), 40(4) or 88(4) does not apply to an employee or any class of employees,

the employer must display the order or a copy thereof conspicuously in the place where the employee or class of employees are employed.