When is mandatory overtime payable to employees?
There is no entitlement for workers to be paid for working extra hours, regardless if it is mandatory or not, unless there is provision for paid overtime in the workers’ contracts of employment.
If a contract contains a provision for the requirement of overtime and the rate it would be paid at, failure by the employer to pay the overtime at the rate agreed could amount to a claim for breach of contract. Furthermore, employers should note that if workers carry out paid, regular overtime, this will need to be reflected in their holiday pay.
In any event, employers must ensure that they abide by the rules on working time set out in the WTR(NI). If workers are required to work overtime which takes their working hours above the 48 hour maximum as set out under regulation 4(1) of the WTR(NI), employers must ensure that the workers have signed an opt-out agreement.
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