Tag Archives: overtime

Asia: Overtime and time off in lieu

A recent trend in relation to overtime is for employers to grant time off in lieu instead of paying overtime. This can be confusing in Asia as the ability of employers to do so varies from jurisdiction to jurisdiction. This … Continue reading

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Filed under Jurisdiction: Asia

Asia: Human rights – modern slavery and labour issues

Concerns in relation to “modern slavery” are increasingly important for businesses to recognise. This is especially so in Asia, where poor enforcement mechanisms and unfamiliarity with employee rights often result in exploitative working conditions. What can companies do to ensure … Continue reading

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Filed under Jurisdiction: Asia

UK: First instance rulings that statutory holiday pay must reflect voluntary overtime

A couple of first instance employment tribunal judgments have ruled that the calculation of statutory holiday pay (for the 4 weeks' EU-derived holiday) should include an element for voluntary overtime, voluntary standby and voluntary call out payments, provided that the … Continue reading

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Filed under Jurisdiction: UK, Working time rights: statutory holiday and other rest

UK: Holiday pay – Northern Irish ruling that employers may need to include voluntary overtime pay in calculation

In Patterson v Castlereagh BC the Northern Irish Court of Appeal has given its view that, in principle, voluntary overtime pay may need to be included in the calculation of holiday pay for the 4 weeks' EU statutory holiday. This … Continue reading

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Filed under Jurisdiction: UK, Working time rights: statutory holiday and other rest

UK: Statutory holiday pay – EAT confirms pay for non-guaranteed overtime must be taken into account

"Non-guaranteed" compulsory overtime pay ("non-guaranteed" in that the employer is not obliged to offer overtime, but it is compulsory for the worker to perform it if offered) should be taken into account when calculating statutory holiday pay for a worker’s … Continue reading

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Filed under Jurisdiction: UK, Working time rights: statutory holiday and other rest

Japan: New measures to prevent death due to overwork

The Government has enacted legislation to promote measures to prevent death due to overwork. Japan is notorious for its overtime working culture. Karoushi (literally, death due to overwork) is a common phenomenon among Japanese working men. There are generally two … Continue reading

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Filed under Employment law reforms, Jurisdiction: Asia, Workplace Health and Safety

Japan: No pay for overtime

As part of Shinzo Abe’s economic reform, there has been heated debate in Japan over the introduction of an amendment law to extend the categories of employees who are not eligible for overtime pay.

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Filed under Jurisdiction: Asia, Remuneration

Japan: Court guidance on implementation of fixed overtime allowances

Under the Japanese Labour Standards Act (LSA) an employer must enter into an agreement regarding overtime and holiday work with a union or employee representative representing the majority of their employees, before it can ask its overtime-eligible workforce to work … Continue reading

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Filed under Jurisdiction: Asia, Working time rights: statutory holiday and other rest

UK: Statutory holiday pay – overtime pay must be taken into account

Voluntary overtime pay should be taken into account when calculating statutory holiday pay for a worker's 4 week EU-derived holiday entitlement, notwithstanding that UK regulations exclude this. An Employment Tribunal has ruled that the relevant UK provisions can be interpreted … Continue reading

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Filed under Jurisdiction: UK, Remuneration, Working time rights: statutory holiday and other rest

UK: 48 hour working week – employers can rely on reasonable policy to refuse overtime to non-opted out employees

It is lawful for employers to adopt a reasonable policy of refusing overtime to employees who have not opted out of the 48 hour maximum working week.  This is not unlawful detriment on the ground of refusing to sign an … Continue reading

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Filed under Jurisdiction: UK, Time off rights, Working time rights: statutory holiday and other rest