Labour Code 2012 - Government of Montserrat

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