• Exceptions for Managerial Positions
• Limits on Working Hours
• Night Work Protections.
• Challenges of 24-Hour Operations
• Compressed Working Hours and Collective Agreements.
• Breaks and Rest Periods.

Overview.

The Employment and Labour Relations Act Cap 366 Revised Edition 2019, provides a comprehensive framework for regulating working hours, ensuring fair treatment, and establishing proper compensation practices in the workplace. However, for employees in managerial positions responsible for overseeing others and reporting to senior management, certain exceptions regarding standard working hours are allowed. This includes cases where managerial roles and emergencies necessitate deviations from the regular working hours.

The Hours of Work Act establishes limits of 12 hours per day and 45 hours per week, allowing for overtime (not exceeding 50 hours in a four-week cycle) at 1.5 times basic wages. It addresses night work specifying protections and requiring employers to pay 5% of the basic wage for each hour worked at night. However, the Act falls short in addressing the unique challenges of 24-hour operations, like those in network providers and betting companies, where employees follow shift patterns.

Furthermore, the act allows compressed working hours and collective agreements with specific limits. Section 23 mandates a 60-minute break for employees working over five hours, with no obligation for employers to pay for breaks unless work is required. Sections 24 and 25 outline rest periods, adjustments under conditions, and double pay for weekly rest periods and public holidays. While the Act comprehensively covers various employment aspects, it needs refinement to better accommodate companies operating 24/7, acknowledging the need for flexibility in addressing the challenges of shift work in evolving workplaces.

Disclaimer: This article is for informational purposes only and should not be construed as legal advice. It is recommended to consult with a qualified legal professional for advice specific to your situation.

Written by Norman Mwita.