Labour Act, 2003 (Act 651)

Section 35 - Paid overtime

(1) Subject to subsections (2) and (3), where a worker in an undertaking works after the hours of work fixed by the rules of that undertaking, the additional hours done shall be regarded as overtime work.

(2) A worker in any such undertaking may not be required to do overtime work unless that undertaking has fixed rates of pay for overtime work.

(3) A worker shall not be compelled to do overtime work except for undertakings or enterprises

(a) the very nature of which requires overtime in order to be viable; or

(b) which are subject to emergencies that require that workers engage in overtime work in order to prevent or avoid threat to life and property.

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