Clause 19

For the purposes of sections 37, 41, 42 and 43, “ordinary rate of pay” means the total salary in cash, including cash allowance but excluding traveling allowances, which an employee is entitled under the terms of his agreement with his employer to receive for one full day’s work; and shall, in the case of an employee employed on a monthly rate or on piece rates, be calculated in accordance with this section.(2) Where an employee is employed on piece rates, the ordinary rate of pay shall be calculated by dividing the total pay earned by the employee during the period of 14 days immediately preceding the rest day, holiday, day of leave or period of leave, as the case may be, by the number of days on which the employee actually worked during that period of 14 days.(3) Where an employee is employed on a monthly rate of pay and the number of days on which the employee is required to work in a week is the same in every week under the contract of service, the ordinary rate of pay shall be calculated according to the following formula:(4) Where an employee is employed on a monthly rate of pay and is required under his contract of service to work on a certain number of days in one week and on a different number of days in the following week in every period of two consecutive weeks, the ordinary rate of pay shall be calculated according to the following formula:(5) Where an employee is employed on a monthly rate of pay and is required under the contract of service to work on different number of days in different weeks, the ordinary rate of pay shall be calculated according to the following formula or such other formula as may be approved by the Commissioner:and for the purpose of this subsection, “average number of working days in a week” means the average number of days on which the employee was required, under the contract of service, to work in a week over the period of 3 weeks immediately preceding the rest day, holiday, day of leave or period of leave, as the case may be; or where the employee was in employment for less than 3 weeks, the average number of days on which the employee was required to work under the contract of service in a week over the period of 3 weeks immediately following the rest day, holiday, day of leave or period of leave, as the case may be.(6) For the purposes of this section —

“week” means a continuous period of 7 days commencing at midnight on Sunday;

in calculating the number of working days in a week or the average number of working days in a week, any day on which an employee is required to work for 5 hours or less under his contract of service shall be regarded as half a day.”.