Employment (Part-Time Employees) Regulations

In these Regulations —

Where there is no similar full-time employee, it shall be deemed, for the purposes of calculating any entitlement under these Regulations, that the similar full-time employee is —

Every contract of service of a part-time employee shall specify —

Where a contract of service does not specify any item mentioned in paragraph (1)(a), (b) or (d), that item is to be determined according to the formula set out in paragraph 1, 2 or 3 of the Schedule, as the case may be.

Section 37(2) of the Act applies to a part-time employee who at the part-time employee’s own request works for an employer on a rest day, with the following modifications:

Section 37(3) of the Act applies to a part-time employee who, at the request of the part-time employee’s employer, works on a rest day, with the following modifications:

Section 36(1) of the Act does not apply to a part-time employee unless the part-time employee is required to work on 5 or more days in any one week.

Section 37(3A) of the Act does not apply to a part-time employee.

Section 38(4) of the Act applies to a part-time employee with the following modifications:

Section 38(6) of the Act does not apply to a part-time employee.

Section 88(1) of the Act applies to a part-time employee, who is entitled to paid holidays on such days as are provided by section 88 of the Act, with the modification that for each paid holiday the part-time employee is to be paid a sum calculated according to the following formula:

Section 88(4) of the Act applies to a part-time employee who is required by the part-time employee’s employer to work on any day on which the part-time employee is entitled to a paid holiday, with the modification that the part-time employee is to be paid a sum at his basic rate of pay for one day’s work in addition to the sum referred to in paragraph (1) and to a travelling allowance for one day, if payable to him under the terms of his agreement with his employer.

Section 88(4A) of the Act applies to a part-time employee (other than a part-time employee to whom Part IV of the Act applies by virtue of section 35(b) of the Act or who is a workman mentioned in section 35(a) of the Act) who is required by the part-time employee’s employer to work on any public holiday on which the part-time employee would otherwise be entitled to a paid holiday, with the modification that the part-time employee is to be paid in accordance with paragraph (2) for that day and may be given the following, in lieu of a day off in substitution for that holiday or a sum at the part-time employee’s basic rate of pay for one day’s work:

[Deleted by S 140/2017 wef 01/04/2017]

If the part-time employee agrees to relinquish his entitlement to paid holidays, his employer shall pay him an allowance which shall be incorporated in his hourly gross rate of pay, which shall be calculated according to the following formula:

The annual entitlement to paid holidays of a part-time employee shall be in proportion to the entitlement of a similar full-time employee and shall be calculated in hours in accordance with the following formula:

Section 88(7) of the Act does not apply to a part-time employee.IllustrationWhere the part-time employee is required to work 22 hours a week and a similar full-time employee is required to work 8 hours a day and 44 hours a week, the annual entitlement to paid holidays of the part-time employee calculated in accordance with regulation 6(5) shall be —If the hourly gross rate of pay of the part-time employee is $5, in accordance with regulation 6(1), for every public holiday he shall be paid —If the part-time employee relinquishes his entitlement to paid holidays, in accordance with regulation 6(4), he shall be paid an allowance, as part of his hourly gross rate of pay, of —His hourly gross rate of pay will be increased to $5.19.

Section 88A(1) of the Act applies to a part-time employee, with the modification that the part-time employee is entitled to paid annual leave in proportion to the entitlement of a similar full-time employee provided by section 88A of the Act, that is calculated according to the following formula:

Section 88A(7) and (8) of the Act applies to a part-time employee, with the modification that the employer is to pay the part-time employee at his hourly gross rate of pay for the period of paid annual leave taken by the employee or, if he has been dismissed otherwise than for misconduct before he has taken that leave, for any period of that leave not taken.

If a part-time employee (other than a part-time employee who is required under his contract of service with his employer to work for at least 5 days, and 30 hours, a week) agrees to relinquish his entitlement to paid annual leave, his employer shall pay him an allowance which shall be incorporated in his hourly gross rate of pay, which shall be calculated according to the following formula:

Section 88A(3) of the Act does not apply to a part-time employee.IllustrationWhere a part-time employee is required to work 4 hours a day for 5 days a week and a similar full-time employee is required to work 8 hours a day and 44 hours a week and is entitled to 10 days paid annual leave, the annual entitlement of the part-time employee calculated in accordance with regulation 7(1), to paid leave shall be —or 9.1 days, based on the part-time employee’s normal working hours of 4 hours a day.If the hourly gross rate of pay of the part-time employee is $5 and he takes 2.5 hours’ paid leave, in accordance with regulation 7(2), for the period of that leave, he will be paid a sum of —If the part-time employee relinquishes his entitlement to paid holidays, in accordance with regulation 7(3), he shall be paid an allowance, as part of his hourly gross rate of pay, of —His hourly gross rate of pay will be increased to $5.18.

Section 89(1) and (2) of the Act applies to a part-time employee, with the modification that the part-time employee is entitled to paid sick leave in proportion to the entitlement of a similar full-time employee provided by section 89 of the Act, that is calculated according to the following formula:

Section 89(5) of the Act applies to a part-time employee, with the modification that the part-time employee is to be paid for the period of paid sick leave taken —

[Deleted by S 140/2017 wef 01/04/2017]

Section 87A(1) of the Act applies to a part-time employee, with the modification that the part-time employee is entitled to paid childcare leave in proportion to the entitlement of a similar full-time employee provided by section 87A of the Act, that is calculated according to the following formula:

Section 87A(5) of the Act applies to a part-time employee, with the modification that the part-time employee is to be paid for the period of paid childcare leave taken at his hourly gross rate of pay.

Section 87A(2), (4) and (6) of the Act applies to a part-time employee, with the modification that the reference to childcare leave of 2 days is a reference to the entitlement of childcare leave calculated according to the formula mentioned in paragraph (1).IllustrationWhere a part-time employee is required to work 4 hours a day for 5 days a week, and a similar full-time employee is required to work 8 hours a day and 44 hours a week, the entitlement of the part-time employee to paid childcare leave calculated in accordance with regulation 8A(1) shall be —If the hourly gross rate of pay of the part-time employee is $5 and he takes 4 hours of paid childcare leave, in accordance with regulation 8A(2), for the period of that leave, he will be paid a sum of —

Subject to the modifications in paragraph (2), section 76 of the Act applies to a female part-time employee, who is entitled to the benefit period provided in that section.

During such benefit period, she shall be paid —

Sections 77 to 80, 83, 84, 84A, 86 and 87 of the Act apply to a female part-time employee, with the modification that any reference to a payment referred to in section 76 of the Act, a rate prescribed under section 76 of the Act or a payment under Part IX of the Act, is a reference to the payment or rate to which the female part-time employee is entitled under paragraph (2).