3. Despite subsections 1 and 2, an agreement may authorize an employer, a worker who works on a Sunday, paid leave equal to the difference in value between the wage the worker receives for Sunday work and the salary to which the worker is entitled to subsections 1 and 2. Can an opt-out store or a bet opt for Sunday work again? All workers are entitled to a written certificate of service if the worker stops working for that employer. The service certificate contains the full name of the employer and employee, work, work, labour, labour, labour, labour, the date the workforce began and the date the workforce ended; wages at the time of the work stoppage, including the maintenance of benefits. Employers and workers can also agree on the true value of in-kind benefits. They can only do so if the value they agree on is more than the law says. This agreement must be written down. If you want to calculate one of the following calculations, you must use the full salary (cash salary plus in-kind benefits): all employees must be informed of these Sunday work rights when they start their work. Joanna Dodd, Senior Partner at Clarion, answers employers` questions about the Sunday Work Act. In most sectors, the answer is yes, as long as it is included in workers` employment contracts. However, special rules apply to employees working in betting stores and offices. They have the right to end Sunday work by providing their employer with a signed and dated notification that will come into effect after three months.
In addition, retailers or betting companies must inform their employees of their right to opt-out. Does the right of store and betting employees to opt out of Sunday work depend on permanent employment? The 48 hours of work do not cover annual leave, sick leave or maternity or adoption leave or parental leave. The legislation also provides rules for night workers, minimum breaks and rest periods. There are also specific provisions for Sunday work – see below. The agreement may also provide for a rest of at least 60 consecutive hours (hours in a row) every two weeks. Note: While individual overtime is optional (subject to agreement), a joint refusal by a number of workers to work normal overtime is likely to constitute a strike or labour dispute. For the purposes of Sunday work regulations, a “shop” includes all premises where a retail or store is operated. Hairdressers, beauty salons and many other professions fall within this definition and workers have the right to opt out of Sunday work. In other cases, with other circumstances, a court may find that an obligation for all employees to work on Sundays is not justified and amounts to indirect discrimination. It is therefore desirable for any employer confronted with a worker who asks to be excused by Sunday work for religious reasons to consider whether there are ways to comply with that request rather than simply reject it. There is no legal right to overtime pay and there is no legal minimum wage for overtime, although your average wage is not subject to the national minimum wage. Should employees be paid more for Sunday work? You can take up to 21 days of uninterrupted annual leave or, by appointment, 1 day for every 17 working days or 1 hour for every 17 hours of work.
Overtime is usually any work on the basic working time included in your contract.