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How overtime pay is calculated: Defining the flexi-work week.

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Before we get into nitty gritty of how it works let's take a look into the background of it. Why was the flexi-work week implemented in the first place? In 2014 the Employment (Flexible Work Arrangements) (Miscellaneous Provisions) Act was approved by the senate, its purpose was to increase employment opportunities and provide employees with more power to negotiate work arrangements with employers. Thus "...enhance productivity, and afford workers the opportunity to better structure their lives through a flexible employee/employer work agreement."(Jamaica Observer, 'Upper House Passes Flexi-work Bill')

The Flexible Work Arrangement: 
The Bill states that all seven days of the week should be considered possible work days, a provision that ignited intense debate among church leaders who wanted to preserve special days of worship. In fact, the Bill requires that the words Saturday and Sunday are substituted for 'rest days' which has implications, as any day of the week can be stipulated as a rest day for the worker not just the traditional Saturday/Sunday days of rest and worship., making Saturday and Sunday a possible work day if required by the employer. The Bill allows for a flexi-work week of 40 hours. Overtime becomes applicable after the stipulated 40 hours.  In addition, the flexi-arrangement increases the maximum number of hours in a workday from eight or 10 hours to 12 hours. 

Read this section of the Bill real quick:
"...the Bill seeks, cumulatively, to amend and repeal (where applicable) certain enactments in order to: 
  • specify that the work week should consist of 40 hours;
  • specify that the entitlement to overtime (where applicable) arises after the worker has completed 40 hours of work
  • increase the maximum number of hours in a work day from 8 or 10 hours, as the case may be currently, to a maximum of 12 hours;
  • reflect that all 7 days of the week should be considered as possible working days;
  • make it lawful for women to work at night..." (Flexible Work Bill)

So how is “overtime work” defined? It means work done:

1. during any period of a rest day;

2. during any period on any Sunday, public general holiday, Good Friday or Christmas Day; or
3. during any period in excess of 40 hours in any week exclusive of the days outlined in points 1 and 2.

Therefore over time pay is no longer calculated daily after 8 hours of work, but weekly, after 40 hours of work done. In some industries, it would exclude work done on a Sunday. 

Under the provisions of the flexi-work bill and based on the agreements between employees and employers (also government and trade unions), workers can do shifts of greater than eight hours but not in excess of 12 hours in any one workday. 

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References
http://www.jamaicaobserver.com/career-education/when-do-i-qualify-for-overtime-pay-_110381
http://www.jamaicaobserver.com/news/Parliament-passes-flexi-work-legislation_17600621
http://www.mlss.gov.jm/download/FLEXIBLEWORKBILL.pdf



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