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FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 89

Overtime employment of women and young persons over sixteen.

89.(1) Notwithstanding the provisions of this Part relating to hours worked
and periods of employment, pressure of work in any factory may be dealt with
by the overtime employment of women and young persons who have attained the
age of sixteen, but the overtime for the factory shall not exceed in the
aggregate one hundred hours in any calendar year or six hours in any week and
shall not take place in the factory in more than twenty-five weeks in any
calendar year.

(2) The overtime employment of a woman or young person shall be subject to the
following conditions:

(a)the total hours worked by the woman or young person, exclusive of intervals
allowed for meals and rest, shall not exceed ten on any day;

(b)the period of employment for the woman or young person shall not exceed
twelve hours in any day and shall not extend outside the hours specified in
this Part for the beginning and end of the period of employment, except that
in the case of women it may extend to nine o'clock in the evening on weekdays
other than Saturday.

(3) Where the occupier of a factory allows to any women or young persons who
are to be employed overtime on any day an interval for a meal or rest in
addition to any interval fixed for the day by a notice under this Part, he may
employ during that interval any women or young persons who are not to be
employed overtime on that day, but save as aforesaid the provisions of this
Part relating to continuous employment and intervals for meals or rest shall
apply to overtime employment in like manner as they apply to other employment.

(4) If the Ministry is satisfied that overtime employment of young persons, in
accordance with the foregoing provisions of this section, in any process will
prejudicially affect the health of the young persons, or any class of them, it
may by regulations either prohibit the overtime employment in that process of
those young persons, or that class of them, or make such further restrictions
as to the amount of such overtime employment or otherwise as it thinks fit.

Subs.(5) rep. by SR 1979/246

(6) Where the Ministry is satisfied that work in any class or description of
factory is subject to seasonal or other special pressure, it may by
regulations as respects that class or description of factory

(a)increase for women, or for women employed in any specified process, during
any period of such pressure, the hours of work and the period of employment
allowed in a day under this section, but only for such number of weeks, not
exceeding eight, in any year as may be specified in the regulations;

(b)increase the hours of overtime employment allowed for a factory under this
section in a calendar year to an aggregate not exceeding one hundred and fifty
hours, subject to the condition that young persons shall not be employed
during more than one hundred of the hours of overtime employment allowed for
the factory.

(7) The Ministry may increase the aggregate number of hours of
overtime employment allowed for a factory under this section in any week or
the number of weeks in any calendar year in which overtime employment can take
place

(a)by regulations as respects any class or description of factory, if it is
satisfied that owing to the exigencies of the trade carried on the increase is
necessary;

(b)by order as respects any factory, if it is satisfied that the increase is
necessary by reason of unforeseen pressure of work due to sudden orders, or by
reason of a breakdown of machinery or plant or other unforeseen emergency.

(8) For the purposes of this section, the employment of persons in different
parts of a factory or the employment of diferent sets of persons in different
processes may, subject to such conditions as the Ministry may by regulations
prescribe, be treated, for the purpose of reckoning hours of
overtime employment or the number of weeks in which overtime employment can
take place, as if it were employment in different factories.

(9) If the Ministry is satisfied that the nature of the business carried on in
any class or description of factory involves the overtime employment of
different persons on different occasions to such an extent that the provisions
of this section limiting overtime employment by reference to the factory
would, as respects a substantial number of factories of that
class or description, be unreasonable or inappropriate, it may by regulations
provide that any factory of that class or description may, in lieu of
complying with the said provisions, comply with such provisions limiting
overtime employment by reference to the individual as may be specified in the
regulations, and such provisions shall secure

(a)that a woman shall not be employed overtime in the factory for more than
seventy-five hours, and a young person shall not be so employed for more than
fifty hours, in any calendar year; and

(b)that a woman or young person shall not, except as otherwise provided in the
regulations, be employed overtime in the factory for more than six hours in
any week or in more than twenty-five weeks in any calendar year.

(10) In this Part "overtime employment" means, in relation to any woman or
young person, any period during which that woman or young person is at work in
the factory outside the period of employment fixed for the day for that woman
or young person by a notice under this Part; and for the purposes of this Part

(a)in calculating hours of overtime employment any fraction of an hour less
than half an hour shall be treated as half an hour and any fraction of an hour
greater than half an hour shall be treated as an hour; and

(b)in reckoning for any factory, part of a factory, or set of persons, the
aggregate hours of overtime employment or the number of weeks in which
overtime employment can take place, account shall be taken of every period
during which any woman or young person is employed overtime in that factory,
part or set.

© 1965 Crown Copyright

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