Overtime Compensation
What is the relevant legislation on working hours?
The Decent Work Act, 2015, regulates working hours for workers.
What are the general working hours for adult workers?
General work hours are set at 8 hours per day or 48 hours per week.
What are the maximum working hours for adult workers?
Employers cannot require employees to work beyond these ordinary hours except under some conditions.
If an employee works less than 8 hours on certain days, they may be required to work more than 8 hours on the remaining days, but not more than 12 hours a day, and the total weekly limit of 48 hours must not be surpassed.
A collective agreement may allow for the averaging of working hours, with a maximum of 53 ordinary hours and five overtime hours per week over a four-month period. In seasonal industries, the total work hours may exceed the standard limits, but employees cannot work more than 56 hours in a week (for up to 14 weeks) or average more than 48 hours per week annually.
What are the general (and/or maximum) working hours for child workers and adolescent workers?
A child under 16 years may not work more than 7 hours per day or exceed 42 hours in a working week. A child at least 13 years old may be employed to perform light work for a maximum of 2 hours a day and 14 hours a week.
No one is allowed to employ or permit a child under 15 years of age to work full-time. Recruiters are prohibited from hiring Liberians under the age of 18; however, the Ministry may allow the recruitment of individuals aged 16 to 18 under specific conditions, as long as these conditions align with the regulations of the Children’s Law (2011).
What are the maximum overtime hours (limits on overtime)? (per day, per week or per year)
Overtime is generally limited to five hours per week beyond ordinary working hours. There are no specific daily or annual overtime limits given, aside from the total weekly cap and emergency exemptions.
Additionally, employees are entitled to a daily rest period of at least twelve consecutive hours between the end of one work shift and the start of the next and a weekly rest period of at least 36 consecutive hours, which typically includes Sunday unless otherwise agreed.
Conditions under which overtime is permissible? (criteria)
Employees may be required to work beyond the ordinary hours and overtime limits in certain emergency situations, but only to the extent necessary to address the situation.
These exceptions include:
- responding to an actual or imminent disaster or accident to protect life, health, prevent property damage, or ensure the continuation of operations,
- performing urgent work on plant, equipment, machinery, or other property to maintain the undertaking,
- preventing damage to perishable goods and in case of carrying out work of vital public importance if authorized by the Ministry.
Is there a premium rate for overtime hours or time off?
For overtime work, the employee must be paid at a rate at least 50% higher than the normal rate (150% of the normal rate for overtime hours), or the employer and employee may agree in writing that overtime work will not be compensated with additional payment above the normal rate but instead with paid time off. However, the employee must still receive at least their ordinary rate of remuneration for this time away from work.
Sources: §1.4,17.1-17.6, 17.9, 17.10 & 21 of the Decent Work Act, 2015
Night Work Compensation
No relevant provision could be located in the law regarding night work compensation. There is no special provision in the Decent Work Act regarding night work for adult workers. However, the legislation explicitly prohibits employment of children in work for long hours or at night, considering them a form of hazardous work.
Sources: §21.4 for the Decent Work Act, 2015
Compensatory Holidays / Rest Days
What are the provisions for working on a weekly rest day and a public holiday?
An employer may ask an employee to work on a public holiday, but the employee can refuse if the request is unreasonable or if their refusal is justified.
When determining reasonableness, factors include the workplace’s operational needs, the nature of the employee’s role, personal circumstances like family responsibilities, whether the employee anticipated such a request, their compensation entitlements for holiday work, their employment type (e.g., full-time or casual), and the advance notice provided by both parties.
Employees who work on a public holiday are entitled to overtime payments, penalty rates, or additional compensation. Employers and employees can also agree in writing to substitute extra pay with paid time off.
Does the law require compensatory rest for working on a weekly rest day or a public holiday?
The law allows for compensatory rest, as employees can agree to receive paid time off instead of extra pay for overtime work on a public holiday. Similar is the case for work on a weekly rest day. If the work on weekends is considered overtime work, the parties may agree on paid time off.
Sources: §17 for the Decent Work Act, 2015
Weekend / Public Holiday Work Compensation
Does the law require a compensatory premium payment for working on a Weekly Rest day / Public Holiday?
Employees working on a public holiday are entitled to be paid at twice their normal rate (200% of the normal hourly rate).
The Decent Work Act does not have a clear provision for premium pay for work performed on a weekly rest day. If that work is considered overtime work, beyond 48 hours per week, workers must receive at least 50% above the normal rate (or 150% of the normal rate for hours worked on a weekly rest day).
Does the law allow a choice between compensatory rest, premium payment, or both for working on a public holiday?
Employees can receive either extra pay (twice the normal rate) or, through a written agreement with the employer, opt for paid time off instead of overtime pay.
Sources: §17 for the Decent Work Act, 2015
