Part-time Employment National Standard Order, 1996

L.N. fi1 01 1*

CONDITIONS OF EMPLOYMENT (REG ULATION) ACT

(C AP. 135)

Part-time Employment National Standard Order, 1996

IN exercise of the powers conferred by section 4 orltle Conditions

of Employment (Regulation) Act, the Minister of Education and Human

Resources. on the recommendation ortlle Labour Board , has made the

following order

Thisordcr may becited as the Pan-time Employment National a..;...

Standard Order. 1996.

In this Order

"Act" means the Conditions of Employment (Regulation) Act;

"leave" means vacation leave, sick leave, birth Icave,

bereavement leave, marriage leave and injury leave;

"ordinary hours of work" means the hours of work exclusive

of overtime;

"part-timeemployec" means an employee who is not a whole-

time employee in terms of the recognised condi tions of

employment;

"principal employment" means thai employment in respect

of which social security contributions are payable in tenns of the

Social Security Act

Cop. )II ,

"pro raUl " means the ponion corresponding to the numberof

hours of work per week during which the em ployee is employed

divided by forty in the caseof an employee Olher than a walchman

and by fifty -two in the case of a watchman

Provided that when: the max.imum number of hours of work

permissible in terms of the recognised cooditions of employment

of a part-lime employee is less than twenty hours a week,the lenn

"pro rala" means the portion cOrTCsponding to the number of hours

per week during which the employee is employed divided by the

number of ordinary hours of wort per week which a whole time

em ployee is expected to perform, in terms of ,the recognised

conditions of employment

Provided further that -

(a)

when the employee is employed in such part-time

employment on a variable time schedule, the flumber ofhoUfll

of work per week shall be the average number of hours of

work per week spread over a thirteen week period; and

(b) when the employee has not been employed for a

period of thirteen weeks, the average number of hours of work

per week shall be calculated over the number of weeks in

employment;

"recognised conditions of employment" has the meaning

assigned to it in section 10 of the Act;

"vacation leave" includes public holidays

"week" means a calendar week;

"whole-time employee" is an employee who is deemed to be

a whole-time employee in tenns of the recognised conditions of

employment.

(1) Those part-time employees. whose part-timeemployment

is their principal employment, and who are employed in such part-time

employment for not less than twenty hours a week, shall be entitled to

the portion pro rala of the minimum entitlement of vacation leave, sick

leave, birth leave, bereavement leave, marriage leave and injury leave

applicable in tenns of the recognised conditions of employment to

whole-time employees, on similar dUlies with the same employer, and

subject to the same conditions of entitlement

Provided that where the pro rata entitlement results in a

fraction of a day, it shall be rounded up ordown to the nearest half day;

Provided further that when the maximum number of hours

pennissible in tenns of the recognised conditions of employment for a

part-time employee is less than twenty a week, any part-time employee

in such employment shall beentitledpro rata to the benefits of all leave,

if the part-time employment is lite principal employment of the employee

and if the employee is employed for not less than fourteen hours in any

week.

(2) For the purposes of th is article, the wage applicab le to

the part-time employee shall be the hourly rate related to the numberof

hours of work for which the employee is em ployed.

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