Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 201235. Meal intervals(1) Except for emergencies, an employer shall not require orpermit an employee—(a) to work for more than 5 hours continuously withouta meal interval of not less than 1 hour or, whereagreed by the employer and employee, of not lessthan 30 minutes;(b) to perform any work during his or her meal interval.(2) For the purposes of this section, a period shorter thanthat specified under sub section (1) shall not beconsidered as a meal interval.36. Overtime pay(1) Subject to this section, an employer shall pay his or heremployee at the rate of at least 1 1/2 times his or herbasic rate of pay for work in excess of 8 hours on anywork day or in excess of 40 hours in any week anddouble time his or her basic rate of pay where theemployee works on a public holiday.(2) An employee shall not be forced to work overtime.(3) In arranging for overtime work, the employer shall takeinto account the special circumstances of young persons,pregnant women, nursing mothers and disabled persons.(4) The provisions of sub section (1) shall not apply tosalaried employees whose terms and conditions ofemployment are fixed at a level which adequatelycompensates them, including employees holdingpositions of supervision or management.(5) An employer shall not classify an employee as holding aposition of supervision or management if his or herduties and compensation are not commensurate withsuch status and the Tribunal may inquire into the matterand make a determination.(6) The payment of double time for work on Sunday shallnot apply to shift employees in an establishment where30
MONTSERRATLABOUR CODE, 2012No. 20 of 2012services are normally provided on Sundays and who aregranted compensatory time off.37. Limitation on overtime(1) Except as provided in sub section (2), an employer shallnot employ any person in excess of 12 hours in anyperiod of 24 hours.(2) The Minister may, in his or her discretion, approve inwriting a temporary increase in the hours of workauthorised by the Code in an establishment in thefollowing circumstances—(a) in the case of an actual or apparent accident, orurgent work to the plant or equipment, but only sofar as may be necessary to avoid seriousinterference with the ordinary working of theestablishment;(b) in the event of abnormal pressure of work due tospecial circumstances in so far as the employercould not be expected to resort to other measures; or(c) in order to prevent the loss of perishable goods,but in no case shall the rest period be less than 8 hours.(3) Where, because of urgency of the circumstances, theemployer could not reasonably be expected to apply inadvance for approval, that employer shall not be deemedto have contravened this section.38. Payment where employee stopped or prevented fromworking full dayWhere an employee reports for work but is preventedfrom working by an act of God or force majeure, or isstopped from working by his or her employer or anyonelawfully acting for him or her, that employee shall bepaid on the following basis—(a) where the employee works for more than 6 hours aday, the employee shall be paid for the day; or31
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Labour Code 2012 - Government of Montserrat

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