Employment (Part-Time Employees) Regulations

These Regulations may be cited as the Employment (Part-Time Employees) Regulations.

In these Regulations —

“basic rate of pay for half a day’s work”, in relation to a part-time employee, means the part-time employee’s hourly basic rate of pay multiplied by half the part-time employee’s normal hours of work for one day;

“basic rate of pay for one day’s work”, in relation to a part-time employee, means the part-time employee’s hourly basic rate of pay multiplied by the part-time employee’s normal hours of work for one day;

“full-time employee” means an employee who is required under his contract of service with an employer to work for not less than 35 hours a week;

“hourly basic rate of pay”, in relation to a part-time employee, means —

the amount specified in the contract of service of the part-time employee as the part-time employee’s hourly basic rate of pay; or

if not specified in the contract of service, the amount as determined by the formula in paragraph 1 of the Schedule;

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 —

required to work 8 hours a day and 44 hours a week;

entitled to paid annual leave, based on a period of continuous service equal to that of the part-time employee, in accordance with section 88A(1) of the Act; and

entitled to paid sick leave in accordance with section 89(1) or (2) of the Act.

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

his hourly basic rate of pay;

his number of hours of work for one day or one week;

his number of working days for one week or one month; and

his hourly gross rate of pay, with the description and amount of each allowance payable separately itemised.

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.

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

his hourly basic rate of pay;

his number of hours of work for one day or one week;

his number of working days for one week or one month; and

his hourly gross rate of pay, with the description and amount of each allowance payable separately itemised.

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:

if the period of work does not exceed half the part-time employee’s normal hours of work for one day, the part-time employee is to be paid for that day a sum at the part-time employee’s basic rate of pay for half a day’s work;

if the period of work exceeds half but does not exceed the part-time employee’s normal hours of work for one day, the part-time employee is to be paid for that day a sum at the part-time employee’s basic rate of pay for one day’s work;

if the period of work exceeds the part-time employee’s normal hours of work for one day but does not exceed the normal hours of work for one day of a similar full-time employee, the part-time employee is to be paid for that day —

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

at the part-time employee’s hourly basic rate of pay for each hour or part thereof which exceeds the part-time employee’s normal hours of work for one day;

if the period of work exceeds the normal hours of work for one day of a similar full-time employee, the part-time employee is to be paid for that day —

a sum at the part-time employee’s basic rate of pay for one day’s work;

at the part-time employee’s hourly basic rate of pay for each hour or part thereof which exceeds the part-time employee’s normal hours of work for one day but does not exceed the normal hours of work for one day of a similar full-time employee; and

at one and a half times the part-time employee’s hourly basic rate of pay for each hour or part thereof which exceeds the normal hours of work for one day of a similar full-time employee.

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:

if the period of work does not exceed half the part-time employee’s normal hours of work for one day, the part-time employee is to be paid for that day a sum at the part-time employee’s basic rate of pay for one day’s work;

if the period of work exceeds half but does not exceed the part-time employee’s normal hours of work for one day, the part-time employee is to be paid for that day a sum at the part-time employee’s basic rate of pay for 2 days’ work;

if the period of work exceeds the part-time employee’s normal hours of work for one day but does not exceed the normal hours of work for one day of a similar full-time employee, the part-time employee is to be paid for that day —

a sum at the part-time employee’s basic rate of pay for 2 days’ work; and

at the part-time employee’s hourly basic rate of pay for each hour or part thereof which exceeds the part-time employee’s normal hours of work for one day;

if the period of work exceeds the normal hours of work for one day of a similar full-time employee, the part-time employee is to be paid for that day —

a sum at the part-time employee’s basic rate of pay for 2 days’ work;

at the part-time employee’s hourly basic rate of pay for each hour or part thereof that exceeds the part-time employee’s normal hours of work for one day but does not exceed the normal hours of work for one day of a similar full-time employee; and

at one and a half times the part-time employee’s hourly basic rate of pay for each hour or part thereof that exceeds the normal hours of work for one day of a similar full-time employee.

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 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:

if the period of work does not exceed half the part-time employee’s normal hours of work for one day, the part-time employee is to be paid for that day a sum at the part-time employee’s basic rate of pay for half a day’s work;

if the period of work exceeds half but does not exceed the part-time employee’s normal hours of work for one day, the part-time employee is to be paid for that day a sum at the part-time employee’s basic rate of pay for one day’s work;

if the period of work exceeds the part-time employee’s normal hours of work for one day but does not exceed the normal hours of work for one day of a similar full-time employee, the part-time employee is to be paid for that day —

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

at the part-time employee’s hourly basic rate of pay for each hour or part thereof which exceeds the part-time employee’s normal hours of work for one day;

if the period of work exceeds the normal hours of work for one day of a similar full-time employee, the part-time employee is to be paid for that day —

a sum at the part-time employee’s basic rate of pay for one day’s work;

at the part-time employee’s hourly basic rate of pay for each hour or part thereof which exceeds the part-time employee’s normal hours of work for one day but does not exceed the normal hours of work for one day of a similar full-time employee; and

at one and a half times the part-time employee’s hourly basic rate of pay for each hour or part thereof which exceeds the normal hours of work for one day of a similar full-time employee.

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:

if the period of work does not exceed half the part-time employee’s normal hours of work for one day, the part-time employee is to be paid for that day a sum at the part-time employee’s basic rate of pay for one day’s work;

if the period of work exceeds half but does not exceed the part-time employee’s normal hours of work for one day, the part-time employee is to be paid for that day a sum at the part-time employee’s basic rate of pay for 2 days’ work;

if the period of work exceeds the part-time employee’s normal hours of work for one day but does not exceed the normal hours of work for one day of a similar full-time employee, the part-time employee is to be paid for that day —

a sum at the part-time employee’s basic rate of pay for 2 days’ work; and

at the part-time employee’s hourly basic rate of pay for each hour or part thereof which exceeds the part-time employee’s normal hours of work for one day;

if the period of work exceeds the normal hours of work for one day of a similar full-time employee, the part-time employee is to be paid for that day —

a sum at the part-time employee’s basic rate of pay for 2 days’ work;

at the part-time employee’s hourly basic rate of pay for each hour or part thereof that exceeds the part-time employee’s normal hours of work for one day but does not exceed the normal hours of work for one day of a similar full-time employee; and

at one and a half times the part-time employee’s hourly basic rate of pay for each hour or part thereof that exceeds the normal hours of work for one day of a similar full-time employee.

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:

where the part-time employee works beyond the part-time employee’s normal hours of work for one day, the part-time employee is to be paid —

at the part-time employee’s hourly basic rate of pay for each hour or part thereof that exceeds the part-time employee’s normal hours of work for one day but does not exceed the normal hours of work for one day of a similar full-time employee; and

at one and a half times the part-time employee’s hourly basic rate of pay for each hour or part thereof that exceeds the normal hours of work for one day of a similar full-time employee;

where the part-time employee works beyond the part-time employee’s normal hours of work for one week, the part-time employee is to be paid —

at the part-time employee’s hourly basic rate of pay for each hour or part thereof that exceeds the part-time employee’s normal hours of work for one week but does not exceed the normal hours of work for one week of a similar full-time employee; and

at one and a half times the part-time employee’s hourly basic rate of pay for each hour or part thereof that exceeds the normal hours of work for one week of a similar full-time employee.

Section 38(6) 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:

where the part-time employee works beyond the part-time employee’s normal hours of work for one day, the part-time employee is to be paid —

at the part-time employee’s hourly basic rate of pay for each hour or part thereof that exceeds the part-time employee’s normal hours of work for one day but does not exceed the normal hours of work for one day of a similar full-time employee; and

at one and a half times the part-time employee’s hourly basic rate of pay for each hour or part thereof that exceeds the normal hours of work for one day of a similar full-time employee;

where the part-time employee works beyond the part-time employee’s normal hours of work for one week, the part-time employee is to be paid —

at the part-time employee’s hourly basic rate of pay for each hour or part thereof that exceeds the part-time employee’s normal hours of work for one week but does not exceed the normal hours of work for one week of a similar full-time employee; and

at one and a half times the part-time employee’s hourly basic rate of pay for each hour or part thereof that exceeds the normal hours of work for one week of a similar full-time employee.

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:(2) 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:

part of a day off on a working day comprising such number of hours as may be agreed between the part-time employee and his employer;

in the case where there is no such agreement —

part of a day off on a working day comprising half of the part-time employee’s normal hours of work for one day if the part-time employee worked on that holiday for a period not exceeding half of the part-time employee’s normal hours of work for one day; or

a day off on a working day if the part-time employee worked on that holiday for a period of more than half of the part-time employee’s normal hours of work for one day.

[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:(5) 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: (6) 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 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:

part of a day off on a working day comprising such number of hours as may be agreed between the part-time employee and his employer;

in the case where there is no such agreement —

part of a day off on a working day comprising half of the part-time employee’s normal hours of work for one day if the part-time employee worked on that holiday for a period not exceeding half of the part-time employee’s normal hours of work for one day; or

a day off on a working day if the part-time employee worked on that holiday for a period of more than half of the part-time employee’s normal hours of work for one day.

[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:(2) 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:(4) 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 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.