Division 2 of Part IV of the Employment Act (Chapter 373) sets limits on working time. They are minimum protections, and under section 11(4) a contract term giving less is void to that extent.
This Part does not apply to a piece-rate employee. Hours, overtime, recreation leave, sick leave, rations and clothing in Part IV are all subject to that exclusion.
Section 49(1) — the daily maximum
Subject to section 49(5) and to variation under a registered award, an employee shall not be required to work more than 12 hours in any one day.
Twelve hours is the outer limit of a working day, not the normal day. The normal day is eight hours: everything worked beyond eight hours in a day (other than a Saturday, Sunday or public holiday) is overtime under the section 48 definition.
Section 49(2) — meal and rest periods
| Situation | Entitlement |
|---|---|
| Required to work eight hours or more in a day | One or more meal or rest periods totalling not less than 50 minutes |
| Working a stretch, with a rest period of at least 10 minutes in it | Not more than five hours without a break of at least 30 minutes |
| Working a stretch, without a 10-minute rest period | Not more than five hours without a break of at least 40 minutes |
The 30/40 minute distinction is easy to miss: an employer that does not give a short break within the stretch owes a longer meal break at the end of it.
Section 49(3) — the weekly rest period
(a) An employee not engaged on shift work shall be allowed a rest period of at least 24 consecutive hours in every week, counting from Monday to Sunday inclusive.
(b) An employee engaged on shift work shall be allowed rest periods, each of not less than 24 consecutive hours, in every period of 28 days.
Two further protections attach to these periods:
- Section 49(4) — a rest period under subsections (2) and (3) is in addition to any time off under sections 50 and 52. Time off in lieu of overtime does not discharge the meal-break or weekly-rest obligations.
- Section 49(5) — an employee shall not be liable to stand-by duty during any rest period prescribed under section 49, or under sections 52(5) and 56. Being “on call” through your rest day is not permitted.
Section 48 — the definitions that decide the pay
| Term | Meaning |
|---|---|
| Overtime (not shift work) | All time worked in excess of eight hours in any one day other than a Saturday, Sunday or public holiday; all time worked on a Saturday after 12 noon; and all time worked on a Sunday or public holiday |
| Overtime (shift work) | All time worked in excess of eight hours in any one day, and all time worked in excess of 44 hours in any period of seven days |
| Shift work | Work performed in three intervals of duty spread over a 24-hour period |
| Stand-by duty | Periods when an employee not actually working is required to be available for duty |
| Call-out duty | Overtime an employee is required to perform without prior notice during normal working hours or stand-by duty |
| Normal working hours | Hours of duty other than call-out, overtime or stand-by duty |
Saturday afternoon. For an employee not on shift work, all time worked on a Saturday after 12 noon is overtime, however few hours have been worked that week.
The definition of shift work is narrow. It requires three intervals of duty over 24 hours. A two-shift operation — days and nights — does not meet the definition, so the ordinary overtime rules apply.
Registered awards, and what they can do
Sections 49(1), (2) and (3) are each expressed to be subject to variation under a registered award. Awards are made under the Industrial Relations Act, and section 6(b) of the Employment Act preserves the operation of awards in force at its commencement.
Where an award applies to your occupation or industry, read it alongside the Act — it may set different hours, different breaks, or different rates. Section 76 separately provides that wages shall not be less than those provided for by registered awards relevant to the employee.
Section 51(3) — fatigue in dangerous work
Where an employee is engaged as a winchman, or in operating machinery or equipment the careless or inefficient use of which may constitute a danger to the employee’s health or life or to other persons, an employer shall not require or permit the employee to work consecutive periods including overtime that may cause the employee to suffer from fatigue or become careless or inefficient.
And the subsection expressly does not limit any liability of the employer to the employee or to any other person.
This is a direct constraint on rostering in mining, construction, transport, port work and plant operation. See also section 5, under which the Minister may declare any kind of work to be heavy labour by National Gazette notice.
Checking your hours
- Write down your start and finish times each day, and every break actually taken.
- Count the day at eight hours — anything beyond that is overtime, and anything beyond 12 is not permitted at all except under section 50.
- Check the breaks against the 50-minute aggregate and the five-hour rule.
- Check your weekly 24-hour rest — and that you are not being placed on stand-by during it.
- Check Saturday afternoons and Sundays against the section 48 overtime definition.
- Ask for the section 57 records of overtime, stand-by and call-out.
- Check any registered award applying to your occupation.
Sources
- Employment Act (Chapter 373) — ss 5, 6, 11, 47–57, 76; Part IV Division 2
- Industrial Relations Act — PacLII 1986 Revised Edition
- Sarathy v PNG Power Ltd [2021] PGNC 681; N10316
Before relying on anything here, read the current text of the Employment Act (Chapter 373) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.