Schedule 4 · Employee’s hourly basic rate of pay for calculation of payment due for overtime

Terms defined in s 2

• basic rate of pay

  basic rate of pay

  Defined · s 2

  “basic rate of pay” means the total amount of money (including wage adjustments and increments) to which an employee is entitled under his or her contract of service either for working for a period of time, that is, for one hour, one day, one week, one month or for such other period as may be stated or implied in his or her contract of service, or for each completed piece or task of work but does not include —(a)additional payments by way of overtime payments;(b)additional payments by way of bonus payments or annual wage supplements;(c)any sum paid to the employee to reimburse him or her for special expenses incurred by him or her in the course of his or her employment;(d)productivity incentive payments; and(e)any allowance however described;

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• day

  day

  Defined · s 2

  “day” means a period of 24 hours beginning at midnight;

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• employee

  employee

  Defined · s 2

  “employee” means a person who has entered into or works under a contract of service with an employer and includes a workman, and any officer or employee of the Government included in a category, class or description of such officers or employees declared by the President to be employees for the purposes of this Act or any provision thereof, but does not include any of the following:(a)any seafarer;(b)any domestic worker;(c) (d)any person belonging to any other class of persons whom the Minister may, by notification in the Gazette, declare not to be employees for the purposes of this Act;

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• workman

  workman

  Defined · s 2

  “workman” means —(a)any person, skilled or unskilled, who has entered into a contract of service with an employer pursuant to which he or she is engaged in manual labour, including any artisan or apprentice, but excluding any seafarer or domestic worker;(b)any person, other than clerical staff, employed in the operation or maintenance of mechanically‑propelled vehicles used for the transport of passengers for hire or for commercial purposes;(c)any person employed partly for manual labour and partly for the purpose of supervising in person any workman in and throughout the performance of his or her work:Provided that when any person is employed by any one employer partly as a workman and partly in some other capacity or capacities, that person is deemed to be a workman unless it can be established that the time during which that workman has been required to work as a workman in any one salary period as defined in Part 3 has on no occasion amounted to or exceeded one‑half of the total time during which that person has been required to work in such salary period;(d)any person specified in the First Schedule; or(e)any person whom the Minister may, by notification in the Gazette, declare to be a workman for the purposes of this Act.

  Open s 2