Labour Code 2012 - Government of Montserrat

MONTSERRATLABOUR CODE, 2012No. 20 of 2012(b) where the employee works for less than 6 hours, heor she shall be paid for the time so worked at his orher basic hourly rate of pay.39. Pay for period of call out or being on call(1) Where an employee who is required by his or heremployer is called out for work at the work place, he orshe shall be regarded as being on duty for that periodand be paid wages accordingly.(2) Where an employee is required by his or her employerto remain on call for any period, the employee shall bepaid an allowance to be agreed upon by the employerand employee.40. Payment in respect of public holidays(1) Where an employee does not work for his or heremployer on a public holiday, he or she shall not sufferloss of pay, provided that he or she worked on his or herscheduled work-day immediately before andimmediately after the said public holiday.(2) Where an employer requires an employee to work on apublic holiday, whether as part of the employee’sscheduled work day or not, the employer shall pay to theemployee at double time his or her basic wage for eachhour worked on that day.(3) Where employees are remunerated on a piece-work orby task, the expression “basic rate of pay” shall, for thepurposes of this section, be deemed to be equal to theemployee’s earnings over the period of thirteen weeksimmediately preceding the date payment is made,divided by the number of days worked during thatperiod.(4) The overtime pay for work on a public holiday shall notapply to persons holding positions of supervision ormanagement whose basic rate of pay and other termsand conditions of employment are at a level whichadequately compensates them.32