Conditions of Employment Act, 1936

Uncontrolled overtime.

41.—(1) Subject to the provisions of this section and subject also to the restrictions imposed by this Act on the employment of women and young persons at night but notwithstanding any other provision of this Act, an employer may employ a worker to do industrial work in an industrial undertaking for a longer period on any particular day than the period permitted in that behalf by this Act (other than this section), but subject to the limitation that the length of time by which such longer period exceeds the said period so permitted as aforesaid shall not exceed:—

(a) in respect of any adult worker, two hours on any day, or twelve hours in any week, or two hundred and forty hours in any year or thirty-six hours in any period of four consecutive weeks, or

(b) in respect of any young person, two hours on any ordinary day or one hour on any short day, or ten hours in any week, or two hundred hours in any year or thirty hours in any period of four consecutive weeks.

(2) The Minister may at any time if he thinks fit by order, made after consultation with representatives of employers interested in the relevant form of industrial work and with representatives of workers so interested, make regulations for either or both of the following purposes, that is to say:—

(a) prohibiting the employment, under the next preceding sub-section of this section, of workers or any specified class or classes of workers to do any particular form of industrial work in an industrial undertaking for a longer period than the period permitted by this Act (other than this section);

(b) reducing the length of time during which workers or any specified class or classes of workers may, by virtue of the next preceding sub-section of this section, be employed to do any particular form of industrial work in an industrial undertaking in excess of the period permitted by this Act (other than this section).

(3) Whenever and so long as regulations made under the next preceding sub-section of this section are in force, sub-section (1) of this section shall have effect subject to such regulations.