35. Application of this Part to certain workmen and other employees

Terms defined in this Act

• annual wage supplement

  annual wage supplement

  Defined · s 50

  “annual wage supplement” means a single annual payment to employees that is supplemental to the total amount of annual wages earned by them, whether expressed as a percentage thereof or otherwise;

  Open s 50
• 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;

  Open s 2
• overtime

  overtime

  Defined · s 2

  “overtime” means the number of hours worked in any one day or in any one week in excess of the limits specified in Part 4;

  Open s 2
• productivity incentive payment

  productivity incentive payment

  Defined · s 2

  “productivity incentive payment” means a variable payment, whether made annually or otherwise, to an employee as a reward for —(a)an improvement to the employee’s performance; or(b)an increase in the employee’s productivity or contribution to the employer’s business, trade or undertaking,but does not include any payment which forms part of the employee’s regular remuneration;

  Open s 2
• salary

  salary

  Defined · s 2

  “salary” means all remuneration including allowances payable to an employee in respect of work done under his or her contract of service, but does not include —(a)the value of any house accommodation, supply of electricity, water, medical attendance, or other amenity, or of any service excluded by general or special order of the Minister published in the Gazette;(b)any contribution paid by the employer on his or her own account to any pension fund or provident fund;(c)any travelling allowance or the value of any travelling concession;(d)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;(e)any gratuity payable on discharge or retirement; and(f)any retrenchment benefit payable on retrenchment;

  Open s 2
• 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