Clause 38

Except as provided in subsection (2) of section 39 of this Act, no employee shall be compelled to work on a rest day unless he is engaged in work which by reason of its nature requires to be carried on continuously by a succession of shifts:Provided that in the event of any dispute the Commissioner shall have power to decide whether or not an employee is engaged in work which by reason of its nature requires to be carried on continuously by a succession of shifts.

Any employee who works at his own request for an employer on a rest day shall be paid for such work at not less than the ordinary rate of pay for one day’s work.

Any employee who works for and at the request of his employer on a rest day shall be paid for such work at not less than double the ordinary rate of pay for one day’s work:Provided that any employee who is employed by the Government or a statutory body in any of the essential services as defined under Part V of the Criminal Law (Temporary Provisions) Ordinance, 1955 (Ord. 26 of 1995), and who works for and at the request of his employer on a rest day shall be given a day off in substitution for such rest day.