SAVINGS AND EXCEPTIONS

Saving of terms and conditions in certain orders

1. The national minimum wage and provisions relating to overtime in this Order shall be applicable to petrol filling station employees, catering industry employees, shop assistants, security industry employees and household assistants, except that the other terms and conditions established in the following orders shall remain in force:

(a) Petrol Filling Station Employees Order, 1982;

(b) Minimum Wages (Catering Industry) Order, 1991;

(c) Minimum Wages (Shop Assistants) Order, 1991;

(d) Minimum Wages (Security Industry Employees) Order, 1995; and

(e) Minimum Wages (Household Assistants) Order, 1991.

Application of Order

2. The terms and conditions of work including overtime rates set out in this Order, shall apply only to workers receiving an hourly rate of one and one half times the national minimum wage or less.

Non-application of Order

3. This Order does not apply to–

(a) trainees in training schools approved by appropriate government agencies such as the–

(i) Youth Training and Employment Partnership Programme (YTEPP); or

(ii) National Energy Skills Centre;

(b) schemes developed from time to time by other government ministries, departments or agencies;

(c) other schemes submitted to and approved by the Minister to whom responsibility for labour is assigned;

(d) registered apprentices;

(e) students on vacation jobs; and

(f) persons who volunteer services to registered charitable organizations and social service agencies registered with the Ministries with the responsibility for social services, youth, sports, community development or gender affairs.

No authority to alter wages, terms and conditions

4. This Order shall not be construed as authorizing–

(a) the reduction of wages paid to those employees who already receive wages in excess of the minimum wage; and

(b) changes in the existing terms and conditions of any worker to effect a lowering of such terms and conditions.

L.N. No. 291 of 2010 revoked

5. The Minimum Wages Order, 2010 is revoked.

Commencement

6. This Order comes into effect on the 1st January, 2015.

FIRST SCHEDULE

(Clause 2)

MINIMUM WAGES FOR ALL WORKERS

SECOND SCHEDULE

(Clause 5)

OVERTIME WAGES FOR ALL WORKERS

1. For overtime worked beyond eight hours on a working day–

First four hours: one and one half times hourly rate

Second four hours: two times hourly rate

Thereafter: three times hourly rate

2. For overtime worked beyond ten hours on a working day of a four-day shift week–

First four hours: one and one half times hourly rate

Second four hours: two times hourly rate

Thereafter: three times hourly rate

3. For time worked on an off day–

First eight hours: two times hourly rate (40 hour week)

Thereafter: three times hourly rate

4. For overtime worked on a Sunday where Sunday is a normal day–

First four hours: one and one half times hourly rate

Second four hours: two times hourly rate

Thereafter: three times hourly rate

5. For time worked on a Sunday where Sunday is not a normal day and on a public holiday–

First eight hours: two times hourly rate

Thereafter: three times hourly rate

6. For time worked beyond the forty-hour work week–

First four hours: one and one half times hourly rate

Second four hours: two times hourly rate

Thereafter: three times hourly rate

Dated this 19th day of December, 2014.