Regulation 4 — Employment (Part-Time Employees) Regulations

Subregulation 1

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:

(a)

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;

(b)

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;

(c)

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 —

(i)

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

(ii)

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;

(d)

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 —

(i)

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

(ii)

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

(iii)

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.

Subregulation 2

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:

(a)

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;

(b)

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;

(c)

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 —

(i)

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

(ii)

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;

(d)

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 —

(i)

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

(ii)

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

(iii)

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.

Subregulation 3

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.

Subregulation 4

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