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16.(1) Subject to the provisions of this Part of this Act regarding the employment of young persons a person shall not save as provided by this section be employed in or about the business of a shop for more than the normal maximum working hours, that is to say, forty-eight working hours in any week. (2) On occasions of seasonal or exceptional pressure of work at any shop a person, not being a young person, may, subject as hereafter in this section provided, be employed in or about the business of the shop overtime, that is to say, in excess of the normal maximum working hours: Provided that (a)no person shall be employed in or about the business of a shop in any week after he has been employed (whether in that shop or elsewhere) overtime for twelve working hours in that week; (b)every person employed overtime in or about the business of a shop shall in respect of such overtime be entitled to receive from his employer overtime pay at a rate in excess of the rate at which he is paid in respect of his normal maximum working hours and the rate payable for overtime shall be either (i)that which is prescribed in that behalf under or by virtue of any enactment other than this Act or which is the customary overtime rate in the trade in which the person is employed, or (ii)if no overtime rate is so prescribed or is customary in that trade, then at least five-fourths of the rate payable to him in respect of normal working hours, and each such rate shall, for the purposes of this paragraph, be calculated on an hourly basis. (3) Any agreement made by or with any person employed in or about the business of a shop for the payment of overtime pay at a rate which is less than that prescribed by this section shall be void.
© 1946 Crown Copyright
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