Labour Code 2012 - Government of Montserrat
Labour Code 2012 - Government of Montserrat
Labour Code 2012 - Government of Montserrat
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MONTSERRATLABOUR CODE, <strong>2012</strong>No. 20 <strong>of</strong> <strong>2012</strong>35. 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 <strong>of</strong> not less than 1 hour or, whereagreed by the employer and employee, <strong>of</strong> not lessthan 30 minutes;(b) to perform any work during his or her meal interval.(2) For the purposes <strong>of</strong> 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 <strong>of</strong> at least 1 1/2 times his or herbasic rate <strong>of</strong> pay for work in excess <strong>of</strong> 8 hours on anywork day or in excess <strong>of</strong> 40 hours in any week anddouble time his or her basic rate <strong>of</strong> 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 <strong>of</strong> young persons,pregnant women, nursing mothers and disabled persons.(4) The provisions <strong>of</strong> sub section (1) shall not apply tosalaried employees whose terms and conditions <strong>of</strong>employment are fixed at a level which adequatelycompensates them, including employees holdingpositions <strong>of</strong> supervision or management.(5) An employer shall not classify an employee as holding aposition <strong>of</strong> 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 <strong>of</strong> double time for work on Sunday shallnot apply to shift employees in an establishment where30