Section 105C
Work on rest day
of Labour Ordinance [Sarawak Cap. 76]
Except as provided in subsection (5) of section 105, no employee shall be compelled to work on a rest day unless he is engaged in work which by reason of its nature requires to be carried on continuously or continually by two or more shifts:
Provided that in the event of any dispute the Director shall have power to decide whether or not an employee is engaged in work which by reason of its nature requires to be carried on continuously by two or more shifts.
(2)
An employee employed on a daily, hourly or other similar rate of pay who works on a rest day shall be paid for any period of work—
(a)
which does not exceed half his normal hours of work, one day’s wages at the ordinary rate of pay; or
(b)
which is more than half but does not exceed his normal hours of work, two days’ wages at the ordinary rate of pay.
(3)
An employee employed on a monthly rate of pay who works on a rest day shall be paid for any period of work—
(a)
which does not exceed half his normal hours of work, wages equivalent to half the ordinary rate of pay for work done on that day; or
(b)
which is more than half but which does not exceed his normal hours of work, one day’s wages at the ordinary rate of pay for work done on that day.
(4)
For any work carried out in excess of the normal hours of work on a rest day by an employee mentioned in subsection (2) or (3), he shall be paid at a rate which is not less than two times his hourly rate of pay.
(5)
An employee employed on piece rates who works on a rest day shall be paid twice his ordinary rate per piece.
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