Understand the laws governing work hours and overtime in Kiribati
The standard working hours in Kiribati are governed by the Employment and Industrial Relations Code (EIRC) 2015, specifically Section 83. The typical workweek in Kiribati is 40 hours, spread across five working days.
While the EIRC allows for exceeding the standard work hours, it is the responsibility of employers to ensure that such additional hours are reasonable. Factors such as potential risks to employee health and safety due to extended work periods and their personal circumstances are considered when determining if additional hours are reasonable.
It's also important to note that certain sectors, such as agriculture and fisheries, may have different work patterns that deviate from the standard 40-hour week.
In Kiribati, the regulations regarding overtime work are outlined in the Employment and Industrial Relations Code (EIRC) 2015.
Employees who work beyond their designated daily working hours or the standard 40-hour workweek are entitled to overtime pay. The EIRC doesn't explicitly state a maximum limit on overtime hours per day or week. However, it emphasizes that exceeding standard working hours must be reasonable, considering employee well-being.
Employees working overtime are legally entitled to overtime pay at a rate of one and a half times their ordinary hourly wage. Employers typically require employees to submit a formal request for overtime work, specifying the reason and expected duration. Employees have the right to refuse overtime work.
In some instances, with employee consent, overtime compensation can be provided through time off in lieu (TOIL) at a rate of one hour of TOIL for each hour of overtime worked. When opting for TOIL, employees must utilize the accumulated leave within six months of completing the overtime hours.
In Kiribati, rest periods and breaks for employees are mandated by the Employment and Industrial Relations Code (EIRC) 2015.
Daily Rest Period
Every full-time employee is entitled to a daily rest period of at least 12 consecutive hours.
Weekly Rest Period
Workers are guaranteed a weekly rest period of at least 48 consecutive hours, typically over weekends.
Meal and Tea Breaks
After working for 6 consecutive hours in a day, an employee is entitled to a break for one hour for a meal. Alternatively, employees can opt for a one-hour tea break or split it into two tea breaks of 10 minutes each.
Please note, there appears to be a discrepancy between the EIRC and some sources regarding the duration of meal breaks. The EIRC explicitly states a one-hour meal break, while some sources mention breaks every 5 hours. It's advisable to consult with the Ministry of Employment and Labour Relations for the latest and most accurate information.
In Kiribati, the Employment and Industrial Relations Code (EIRC) 2015 acknowledges the existence of night shifts and weekend work in specific sectors. However, the EIRC doesn't explicitly define "night shift" or outline specific regulations for night shift work.
There are no legislated mandatory additional allowances for night shifts within the EIRC. However, some sectors may have established practices or collective agreements that provide night shift allowances. The Kiribati National Conditions of Service 2012, which applies to government employees, offers a night allowance but doesn't specify the amount.
The EIRC doesn't mandate specific overtime pay rates for weekend work. However, any work performed beyond the standard workweek or designated daily hours qualifies for overtime pay at a rate of one and a half times the ordinary hourly wage.
Employers must ensure that requiring weekend work adheres to the "reasonableness" principle outlined in the EIRC, considering employee well-being and potential health risks associated with extended work periods. Employees have the right to refuse overtime work, including weekend work.
Certain sectors, like hospitality or security, may have inherent weekend work requirements. In such cases, employment contracts or collective agreements might address scheduling, compensation, and potential alternative rest periods.
While the EIRC provides a framework for standard working hours, specific regulations for night shifts and weekend work are often determined by sectoral practices or negotiated within employment contracts.
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