“You'll Be Fired if You Refuse†- Human Rights Watch
“You'll Be Fired if You Refuse†- Human Rights Watch
“You'll Be Fired if You Refuse†- Human Rights Watch
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time, the worker who takes that sh<strong>if</strong>t and works overtime will be given<br />
overtime wages. 270<br />
<strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> recognizes that there may be spec<strong>if</strong>ic circumstances that necessitate a<br />
double sh<strong>if</strong>t to ensure safety. However, as described by the miners, the practice appears to<br />
have been abused at times to include even when alternative arrangements could be made.<br />
Moreover, all those interviewed who had worked a double sh<strong>if</strong>t denied receiving overtime<br />
for the extra hours.<br />
While Zambia is not a state party, ILO Convention No. 1, the Hours of Work (Industry)<br />
Convention, is informative. Article 3 states: “The limit of [48] hours of work … may be<br />
exceeded in case of accident, actual or threatened, or in case of urgent work to be done to<br />
machinery or plant, or in case of ‘force majeure’, but only so far as may be necessary to<br />
avoid serious interference with the ordinary working of the undertaking. 271<br />
270 Letter from CNMC to <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>, October 8, 2011.<br />
271 ILO Convention No. 1: Convention Limiting the Hours of Work in Industrial Undertakings to Eight in the Day and Forty-eight<br />
in the Week, November 28, 1919, entered into force June 13, 1921, art. 3.<br />
“YOU’LL BE FIRED IF YOU REFUSE” 84
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