Section 49 of the Employment Act (Chapter 373) caps the working day at 12 hours and requires meal and weekly rest periods. Section 50 says when those limits may be exceeded. The list is closed.
Section 50(1) — the nine cases
(a) accident, actual or threatened;
(b) urgent work to machinery, installations or plant, so far as necessary for safety or to avoid serious interference with the ordinary working of the establishment;
(c) sudden emergency, or the necessity to deal with circumstances which could not reasonably have been foreseen or otherwise dealt with;
(d) work to avoid the deterioration or loss of materials or goods which, by their nature or by exceptional circumstances, could not be completed within the maximum hours;
(e) employees whose continued presence is necessary to complete operations which for technical reasons cannot be interrupted at will, where exceptional circumstances prevented completion in time;
(f) work required to co-ordinate the work of two successive shifts;
(g) loading or unloading ships or aircraft, or work associated with their arrival or departure, where weather conditions have caused a stoppage — and then only to dispense with the rest period or exceed the maximum by not more than four hours;
(h) employees whose services are necessary for the care of the sick, infirm or mentally unfit, or for ensuring the efficient working of public utilities; and
(i) employees employed on defence projects.
How the list is meant to be read
| Type | Grounds | Comment |
|---|---|---|
| Unforeseen events | (a), (b), (c), (g) | Each requires something unplanned — accident, breakdown, emergency, weather |
| Work that cannot stop | (d), (e), (f) | Perishables, technically uninterruptible operations, shift handover |
| Essential services | (h), (i) | Care of the sick, public utilities, defence projects |
It is not a general power to roster long days. Grounds (c), (d) and (e) each carry the qualifier that the circumstances could not reasonably have been foreseen or were exceptional. A permanent shortage of staff, a standing production target, or a deadline known months in advance is not an unforeseen circumstance.
Ground (g) is the only one with an express numerical limit — not more than four hours, and only where weather caused the stoppage.
Section 50(3) — the rest period is not lost
Where a rest period is not allowed in accordance with section 49, it shall be allowed as soon as possible after it became due.
This is the provision employers most often overlook. Section 50 defers the rest period; it does not cancel it. A crew that works through its weekly 24-hour rest to deal with a breakdown is entitled to that rest as soon as possible afterwards — and, under section 49(4), that rest is in addition to any time off given in lieu of overtime under section 52(5).
Section 50(2) — varying the break rules for continuous shift work
(a) the employer may apply in writing to the Secretary for a variation of section 49(2) (the meal and rest period rules); and
(b) the Secretary may, by written notice to the employer, vary those provisions subject to any conditions he thinks fit.
- The application must be in writing and made to the Secretary — not decided in-house.
- Only section 49(2) can be varied this way. The 12-hour daily maximum in section 49(1) and the weekly rest periods in section 49(3) are not open to variation under section 50(2).
- The variation is given by written notice, and may carry conditions. Employees are entitled to know it exists.
If you work a continuous process and your meal breaks do not match section 49(2), ask the employer for the Secretary’s written notice and its conditions. Section 138 makes it an offence for an employer to refuse information reasonably required by an employee about their employment, or to penalise them for asking.
Exceeding the hours does not make the time unpaid
Section 50 addresses the lawfulness of the hours, not the pay. Every hour beyond eight in a day remains overtime under the section 48 definition and must be paid at the section 52 rates — one and a half times the hourly rate, twice on a Sunday, or the ordinary hourly rate in addition to holiday pay on a public holiday.
And the safety limit in section 51(3) still applies: an employer may not require or permit a winchman, or an operator of machinery whose careless use may endanger life, to work consecutive periods including overtime that may cause fatigue or carelessness. Section 50 does not displace it.
If you are asked to work beyond the limits
- Ask which paragraph of section 50(1) is being relied on.
- Record the hours — start, finish, and breaks actually taken.
- Ask when the deferred rest period will be given, under section 50(3).
- Check the overtime rate and that it is paid within the section 55 time limit.
- Raise fatigue where the work is dangerous — section 51(3) is a duty on the employer, not a choice for the employee.
- Where a continuous process is involved, ask for the Secretary’s section 50(2) notice.
- If it becomes routine, report it to a labour officer — section 142 allows inspection of an industrial work place day or night, without notice.
Sources
- Employment Act (Chapter 373) — ss 48–57, 138, 142; 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.