Section 104
Subject to any provisions to the contrary contained in his contract —
of Labour Act
(a)
no worker other than a shift worker shall be required to work on a prescribed holiday or on more than 6 days in one week or for more than 6 consecutive hours without a break, or for more than 8
hours a day of actual work:
Provided that any worker on a prescribed holiday or for more than 8 hours in any day, or for more than 6 consecutive hours in the case of accident, actual or threatened, or in case of urgent work to be done to machinery, or in case of an interruption of work which it was impossible to foresee and which is not of a recurring character, but only in so far as may be necessary to avoid serious interference with the ordinary working of the undertaking concerned;
(b)
if any worker works for and at the request of his employer on a prescribed holiday or on a Friday (or other agreed rest day substituted for a Friday by agreement between the employer and the worker entered into not less than 3 days before such rest day is taken)
or for more than 8 hours in any day he shall be paid wages for such extra work at the following rates —
(i)
on prescribed holidays, at a rate of not less than double his ordinary rate of pay, but in such case wages shall not be payable under the provisions of section 103;
(ii)
on Friday or other rest days, at a rate of not less than one and a half times his ordinary rate of pay; and
(iii)
for overtime in excess of 8 hours in any one day for workers other than those paid on piece work or shift
Labour
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work, at a rate of not less than one and a half times his ordinary rate of pay;
(c)
a shift worker may be required by his employer to work for any number of hours not exceeding 56 in any one week and not exceeding 12 in any one day:
Provided that where a shift worker is required to work for more than 48 hours in any one week, the average number of hours for which he may be required to work in that week and the next preceding and next succeeding week shall not, except with the approval of the
Commissioner, exceed 48 hours;
(d)
the provisions of this section shall not apply to workers engaged in work which by its nature involves long and regular hours of inactive or standby employment; and
(e)
for the purposes of this section the Commissioner, in the event of any dispute, may, and shall if so required by either party to the dispute, decide whether or not any worker is a shift worker.
Task work.