How Much Are You Supposed To Be Paid For Working Overtime?

Every employee earning an hourly rate between $20.50 to $30.75 is entitled to overtime if they work beyond the normal workday of 8 hours or beyond the normal workweek of 40 hours.

For the normal workday and workweek, you are supposed to be paid your standard rate. But for hours worked beyond the normal workday or workweek, you are supposed to be paid at the relevant overtime rates. 

The overtime rates are as follows: 

1. Overtime beyond 8 hours on a standard workday:

   • First 4 hours: 1.5x hourly rate

   • Second 4 hours: 2x hourly rate

   • Thereafter: 3x hourly rate

2. Overtime beyond 10 hours on a shift workday (4-day week):

   • First 4 hours: 1.5x hourly rate

   • Second 4 hours: 2x hourly rate

   • Thereafter: 3x hourly rate

3. Work on an Off-Day:

   • First 8 hours: 2x hourly rate

   • Thereafter: 3x hourly rate

4. Overtime worked on a Sunday (where Sunday is a normal workday):

   • First 4 hours: 1.5x hourly rate

   • Second 4 hours: 2x hourly rate

   • Thereafter: 3x hourly rate

5. Time worked on a Sunday (where Sunday is not a normal workday) and Public Holidays:

   • First 8 hours: 2x hourly rate

   • Thereafter: 3x hourly rate

6. Time worked beyond the 40-hour workweek:

   • First 4 hours: 1.5x hourly rate

   • Second 4 hours: 2x hourly rate

   • Thereafter: 3x hourly rate

If you work overtime hours but your employer does not pay the relevant overtime rates, this is a breach of the law and it may also be grounds for constructive dismissal- which means that you may be entitled to resign and claim compensation. 

In addition to the possible compensation for the constructive dismissal, you may be entitled to back pay for all the overtime hours that you worked but were not properly paid for. 

Here’s what you can do if you are in this situation: 

State the issue. Write to your employer and inform him that you worked overtime on specific days or weeks, but you were not paid the proper overtime rates.

Request a fix. Request that your employer pay the correct overtime rates going forward and also that he pays the arrears owed to you for the overtime hours previously worked. 

State the consequence. Indicate that if your employer does not start paying the correct overtime rates and if he fails to pay the arrears owed to you, you may have no choice but to resign on the basis of constructive dismissal.

It is best to seek advice before resigning your job. 

You should always be properly compensated for the time that you work. And if your employer fails to do so, you may be entitled to resign and seek compensation. 

You can also report the matter to the Ministry of Labour and they may investigate to determine if your employer has not been paying the correct overtime.