Payments for night work and for working unsocial hours

Article 13

The provisions of this Article do not apply to Leisure Group Workers employed by the Department of Economic Development (VMGT) and Department of Education and Children (NSC) who have separate arrangements.

A) Night Work

An employee who is engaged on night work shall be paid at the rate of time and a third subject to the following conditions:

  1. It shall only apply after 8pm to day workers who are not working overtime provided that the finishing time is later than 10pm.

  2. It shall not apply to:
    1. employees called upon to return to work, and who are covered by Article 12
    2. employees working overtime and whose working hours extend into the night for which they receive overtime rates
    3. employees working irregular hours
    4. night watchmen and shift workers

  3. Although the enhanced rate is payable in respect of all hours worked during the night, in no circumstances shall it be taken into account in calculating payment in respect of overtime and hours worked on Saturdays, Sundays and public or extra statutory holidays. It shall be taken into account, however, in assessing the holiday and sickness pay of regular shift workers.

  4. The night work rate shall be payable, where appropriate, in addition to the enhanced rates of pay for work, as part of the normal working week, on Saturday and on Sunday.

B) Payments for working unsocial hours

  1. An employee not qualifying for the night rate under A above whose normal working week is spread over the 5 days Monday to Friday (both inclusive) and who is not already being paid a premium in excess of one-fifth of his hourly rate for hours actually worked between 8pm and 6am during that week, shall be paid a premium of one fifth of his hourly rate for such hours.

  2. An employee not qualifying for the night rate under A above whose normal working week is spread over a period of 6 or 7 days and who is not already being paid a premium in excess of one-fifth of his hourly rate for hours worked on a Saturday, Sunday or public holiday shall be paid a premium of one-fifth of his hourly rate for hours actually worked on such days.

  3. An employee who works overtime between 8pm and 6am on any day shall in addition to the overtime premium payable for such hours, be paid a premium of one-fifth of his basic hourly rate.

  4. Any premiums payable for working unsocial hours, whether as part of the standard working week or as overtime, shall be merged with the following premium payable for such hours:
    1. split duty payments
    2. other payments forming part of an employee's basic rate
Note

This Article does not apply to:

  1. Airport Firefighters who are covered by a local agreement dated 9 October 2006
  2. Heritage Railway Staff who are covered by a local agreement dated 27 July 2015 (under review)

Last Updated - February 2016