Working hours are not excessive

What you must do - law 6

Working Time Regulations

Overtime - all workers

  • Workers cannot work over 48 hours per week unless they have signed an opt-out agreement with their employer.

  • There must be evidence that any workers working in excess of 48 hours per week have freely signed an opt-out.

Young workers

  • Young workers are not allowed to work overtime i.e. more than 8 hours per day and 40 hours per week.

Minors (under school leaving age)

  • Minors cannot work overtime as their hours are limited to no more than 2 hours on a school day and Sundays or 5 hours on a  Saturday (8 hours if 15 years old).

Agricultural Wages Order

Overtime - all workers
  • Any work over 8 hours per day and/or 39 hours per week or on a public holiday, is classified as overtime.

  • Overtime must be paid at a premium.

Image: Field workers

AWB 2010 (Displayed in a popup window.)

  • Any overtime over 48 hours per week can only be completed where a worker has signed an opt-out agreement.

  • Hours that are over 39 hours per week may still be contracted hours (for example if a worker was contracted to work 40 hours per week). It would still need to be paid at the premium rate, but would be referred to as ‘guaranteed overtime’.

  • If a part time worker works any hours beyond their normal working hours (not including overtime hours specified under his/her contract of employment) they too should be paid the relevant premium (for example, a worker whose contracted hours are mornings only, who is asked to stay on and work the afternoon or an extra day, would be entitled to the premium overtime rate for the extra hours, although they would still be short of 8 hours per day, or 39 hours per week).

There are no separate provisions for overtime for young workers and minors under the Agricultural Workers Order

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