Singapore legislation

Clause 12

of Employment (Amendment) Bill

Clause 12

Amendment of section 37

Section 37 of the Employment Act is amended by deleting subsections (2) and (3) and substituting the following subsections:“(2) An employee who at his own request works for an employer on a rest day shall be paid for that day —

(a)

if the period of work does not exceed half his normal hours of work, a sum at the basic rate of pay for half a day’s work;

(b)

if the period of work is more than half but does not exceed his normal hours of work, a sum at the basic rate of pay for one day’s work; or

(c)

if the period of work exceeds his normal hours of work for one day —

(i)

a sum at the basic rate of pay for one day’s work; and

(ii)

a sum at the rate of not less than one and a half times his hourly basic rate of pay for each hour or part thereof that the period of work exceeds his normal hours of work for one day.(3) An employee who at the request of his employer works on a rest day shall be paid for that day —

(a)

if the period of work does not exceed half his normal hours of work, a sum at the basic rate of pay for one day’s work;

(b)

if the period of work is more than half but does not exceed his normal hours of work, a sum at the basic rate of pay for two days’ work; or

(c)

if the period of work exceeds his normal hours of work for one day —

(i)

a sum at the basic rate of pay for two days’ work; and

(ii)

a sum at the rate of not less less than one and a half times his hourly basic rate of pay for each hour or part thereof that the period of work exceeds his normal hours of work for one day.(3A) In this section —

(a)

“normal hours of work” —

(i)

means the number of hours of work (not exceeding the limits applicable to an employee under section 38 or 40, as the case may be) that is agreed between an employer and an employee to be the usual hours of work per day; or

(ii)

in the absence of any such agreement, shall be deemed to be 8 hours a day; and

(b)

an employee’s “hourly basic rate of pay” is to be calculated in the same manner as for the purpose of calculating payment due to an employee under section 38 for working overtime.”.