Answer to a question from a reader

Should I be paid for working overtime due to the lockdown?

The short answer

You aren't entitled to overtime pay for the following reasons.

The whole question

I work from Monday to Friday and once on a Saturday each month. Since my holidays are regarded as overtime, should I not be getting paid for working overtime due to the lockdown?

The long answer

If you are an essential worker and have been working during the lockdown, or if you are now back at work during Level 4, you are still covered by the Basic Conditions of Employment Act. This Act lays down the minimum rights you are entitled to as a worker: the contract you sign may give you better conditions but it may not give you worse conditions than are laid down by the Act.

In terms of overtime, you may not work more than three hours of overtime a day or 10 hours per week. Overtime is paid at 1.5 times your normal day’s wage, or you may agree to receive paid time off. If you work on a public holiday or a Sunday, overtime is paid at double your normal day’s wage.

If you are not working because of the lockdown and your employer is continuing to pay your wages, you are not entitled to overtime pay.

Answered on May 8, 2020, 1:42 p.m.

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