Conditions of Employment: Banking of Hours

In all sectors, whether these sectors are covered by a Wages Council Wage Regulation Order or not, the employer may introduce schemes to bank hours, whereby up to three hundred and seventy-six hours of the normal annual working hours in each calendar year may be banked, thus allowing extra hours over and above the normal weekly working hours to be worked during periods of higher work activity which would be redeemed during periods of lower activity by having working hours below the normal weekly working hours.

Provided that the average weekly working time, including overtime, shall not exceed an average of forty-eight hours over the applicable reference period in terms of the Organization of Working Time Regulations 2003, unless the employee concerned has given his consent in writing to work more than a weekly average of forty-eight hours.

LN 46 of 2012 permits the employer to introduce schemes to bank hours, whereby up to 376 hours of the normal annual working hours in each calendar year may be banked, thus allowing extra hours over and above the normal weekly working hours to be worked during periods of higher work activity which would be redeemed during periods of lower activity by having working hours below the normal weekly working hours. Provided that the average weekly working time, including overtime, shall not exceed an average of 48 hours over the applicable reference period as stipulated by the Organization of Working Time Regulations 2003, unless the employee concerned has given his consent in writing to work more than a weekly average of forty-eight hours.

Only those hours on any day in a week which attract the normal hourly rate of payment can be banked. Similarly, any hours of work which have been banked in order to be utilized during weeks of lower work activity shall only be so utilized on a weekly day of work where the hours of work are paid at a normal rate.

The legal notice provides a number of safeguards to prevent abuse and also deals with the relationship of entitlements such as leave with banking hours. This information was provided by the Department of Industrial Relations.