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Tuvalu

Working Hours and Overtime Regulations

Understand the laws governing work hours and overtime in Tuvalu

Standard working hours

In Tuvalu, the standard working hours are determined through a blend of legislation and common practice.

The Employment Act does not explicitly define a standard work week, but reliable sources consistently report a typical work week of 40 hours in Tuvalu. This translates to eight hours per day, from Monday through Friday.

The Employment Act (CAP. 40.28) does not set a mandatory number of working hours per day. However, it indirectly establishes a minimum working day through regulations on breaks for breastfeeding mothers. Section 80 of the Act guarantees two breaks per day for nursing mothers, suggesting a minimum workday exceeding two breaks, which aligns with the standard eight-hour day.

Overtime

In Tuvalu, the regulations regarding overtime work are outlined in the Labour and Employment Relations Act 2017 (Act No. 14 of 2017).

Employers are obligated to pay overtime for any work exceeding the standard working hours. However, the Act doesn't specify a mandatory overtime pay rate. Instead, it empowers the Commissioner of Labour to establish such rates through orders. These orders are likely issued after consultation with worker and employer representatives.

In the absence of a specific overtime rate set by a Commissioner's Order, common practice might dictate the compensation terms. Negotiation between the employer and employee becomes crucial in determining the overtime pay rate.

Rest periods and breaks

In Tuvalu, rest periods for employees are mandated to ensure they have time to recharge during the workday. The regulations are outlined in the Labour and Employment Relations Act 2017 (Act No. 14 of 2017).

Mandatory Rest Periods

According to the Labour and Employment Relations Act 2017 (Act No. 14 of 2017), workers are entitled to a minimum of one 30-minute rest period for every five hours of continuous work. This legislation focuses on extended work periods exceeding five hours. However, it's unclear if shorter work periods necessitate a mandated break.

Meal Breaks

Although not explicitly mandated by law, common practice suggests that employers typically provide meal breaks during the workday. The duration of these breaks is likely determined by individual employment contracts or workplace policies.

Night shift and weekend regulations

In Tuvalu, the Labour and Employment Relations Act 2017 (Act No. 14 of 2017) sets some regulations regarding night shift and weekend work, but it doesn't provide extensive details.

Regarding night shift work, the Act doesn't provide a legal definition of "night shift". However, common industry standards typically define night shifts as work hours falling outside regular business hours, which in Tuvalu generally translates to working between 6 pm and 6 am. There's no legislated requirement for night shift pay differential. However, the Act empowers the Commissioner of Labour to establish regulations around night shift work, including potential pay premiums.

As for weekend work, the Act doesn't expressly prohibit or regulate work on Saturdays. It's possible that standard work week arrangements already account for a five-day work week, excluding Saturdays. Sunday work is generally discouraged. The Act restricts employers from requiring employees to work on Sundays except under specific circumstances deemed essential for the business by the Labour Commissioner.

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