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OVERTIME POLICY

**if you are required to work or under an obligation to work for overtime, there are certain conditions to be satisfied and procedures to undertake, Before anything else, if you are compelled to work for overtime you must alert and notified the responsible manager one day prior to work. It is compulsory that you must disclose the reason or justification of working for overtime. Subsequently the responsible manager will appeal to higher management for approval of the particular request. It is only under management discretion that will either approve or reject the overtime request.Once an employee is over and done with the overtime works, he/she is liable to compose reports to management of the work done otherwise the remuneration for overtime will not be calculated. The overtime will be not granted and permitted for those managers and above, if you are forced to contend with several works, you may appeal to management for readjustment of work assigned.Note, every employee has an obligation to do their work (duties and responsibilities) within the stipulated period and finalize by end of the day, they are not allowed to take things for granted exploit the overtime to prolong their work thus strong and plausible excuses are required to work for overtime.**

When operating requirements or other needs cannot be met during regular working hours, employees will be given the opportunity to volunteer for overtime work assignments. All overtime work must receive the supervisor's prior authorization. Overtime assignments will be distributed as equitably as practical to all employees qualified to perform the required work.

Overtime compensation is paid to all non-exempt employees in accordance with Myanmar labour law wage and hour restrictions. Overtime pay is based on actual hours worked. Time off on medical leave, vacation leave, or any leave of absence will not be considered hours worked for purposes of performing overtime calculations. Failure to work scheduled overtime or overtime worked without prior authorization from the supervisor may result in disciplinary action, up to and including possible termination of employment.

Business travel for conferences, meetings, etc., which cause an employee to depart or arrive home on a non-work day does not constitute overtime.

Hourly-paid employees (non-exempt) are expected to confine their work to the normal workday and workweek unless their manager authorizes overtime in advance. If determined necessary, in case of emergency or when its in the best interests of the Company, overtime work should be authorized by management for time spent beyond an employee's standard workweek.

Hourly-paid employees should be paid one and one-half (1.5) times their normal hourly rate of pay for approved overtime hours worked in excess of forty (40) hours per week.

The hours worked by salaried/exempt employees are often irregular, begin and end beyond the normal workday.

The Followings policy has been written for the sole purpose broad explanation. This may or may not applied to Win Thein & Sons Co., Ltd

All payments given to an employee as remuneration for employment must be included in calculating the employee’s regular rate, except those which [Myanmar Labor Law] specifically says may be excluded.

Of course, if a payment is not compensation for employment, then it is not a part of the employee’s wages. On the other hand, if a payment is excludable by the [Myanmar Labor Law], then it may be ignored when figuring the employee’s regular rate and overtime pay, even though it is remuneration for employment.

This chart is not all-inclusive. Although it is an extensive listing of payments that will be confronted in payroll computations, any other payment that is remuneration for employment and not a statutory exclusion must be considered as wages, just as any other payment which qualifies for a statutory exclusion may be eliminated from the wage category.

1. Employee payments that must be included in calculating regular rates

Board and lodging furnished by employer if not excluded under union contract

Bonuses for:

q accuracy of work

q attendance

q continuation of employment relationship

q production

q quality of work

Commissions

Guarantees paid to pieceworkers

Housing and lodging furnished by employer if not excluded under union contract

Incentive bonuses

Lump-sum overtime pay

Contest prizes for:

q attendance

q cooperation

q courtesy

q efficiency

q number of overtime hours worked

q production

q quality of work

q sales stimulation

Lunch expenses of employee paid by employer

Meals furnished by employer if not excluded under union contract

Merchandise furnished free at company stores (food, clothing, household articles)

On-call pay

Patent payments, if employer solicited invention

Piecework earnings

Production bonuses

Rent of employee’s living quarters paid by employer if not excluded under union contract

Rest-period premiums (but only if they are paid more often than occasionally)

Salary increases:

q current

q retroactive

Shift differentials for

q night shift

q second shift

q swing shift

q third shift

Transportation, not incident of employment, furnished by employer

Traveling expenses of employee to and from work which are paid by employer

Utilities furnished by employer for employee’s personal use if not excluded under union contract

Wage increases:

q current

q retroactive

Wages for hours worked (whether productive or not), including:

q commissions

q day wages

q hourly guarantees to pieceworkers

q hourly wages

q job wages

q non-cash wages

q piecework earnings

q salaries

q shift differentials

2. Employee payments that may be excluded in calculating regular rates

Absence pay for infrequent or unpredictable absences (see also idle-time pay) caused by:

q funeral of family member

q holiday

q jury service

q sickness

q vacation

Board, lodging, or other facilities excluded under union contract

Bonuses:

q Christmas

q discretionary with employer

q percentage of total wages

Call-back pay covering idle time

Daily overtime pay of any amount for:

q hours in excess of reasonable daily standard

Day-of-rest pay at time and one-half

Death benefits paid from welfare fund

Director’s fees

Disability benefits paid from welfare fund

Disaster relief payments

Discretionary bonuses (discretionary with employer)

Expense reimbursements for:

q equipment

q material

q tools which employer is required to furnish

q travel expenses in connection with employer’s business

q uniforms which employer requires employee to wear

Gifts

Health and welfare plan contributions by employer

Holiday pay for:

q idle time if equivalent to regular earnings

q time worked if at time and one-half

Hospital expenses paid from welfare fund

Idle-time pay (see also Absence pay) due to:

q call-back pay & show-up pay

q machinery breakdown

q supplies failing to arrive

q weather conditions making it impossible to work

Insurance paid from welfare fund

Loan to employee which is not deducted from wages

Locker facilities

Medical care on the job

Medical services and hospitalization required by workmen’s compensation laws

Parking space furnished by employer

Pension plan contributions by employer

Percentage-of-total-wage bonuses

Post-shift pay:

q at time and one-half if full shift not exceeding 8 hours is not worked

q of any amount if full shift is worked

Pre-shift pay at time and one-half for shifts not exceeding 8 hours

Prize given to employee for recommending a sales prospect

Profit-sharing payments qualifying under administrative regulations

Recreational facilities furnished by employer

Rest-period premiums (but only if they are paid occasionally)

Restroom facilities

Retirement benefits paid from welfare fund

Royalties

Savings plan payments qualifying under administrative regulations

Seventh-day pay at time and one-half

Severance pay

Show-up pay covering idle time

Sick pay

Stock denoting contingent interest

Suggestion awards for suggestions that casually occur to employee and require no work

Sunday pay:

q at time and one-half for Sunday work as such

q of any amount if for excess daily or weekly hours

Supper money given to employee who works late

Talent fees paid to radio and television performers and announcers

Tips, if no agreement on wage status

Transportation incidental to employment

Traveling expenses of business trip by employee

Truck or car rental paid to employee for use of their conveyance

Tuition for independent schooling outside working hours

Vacation pay

Veteran’s subsistence allowances

Voting time pay

Weekly overtime pay of any amount for:

q hours in excess of statutory straight-time workweek

q hours in excess of reasonable weekly standards

Welfare fund benefits received by employee:

q death benefits

q disability benefits

q hospitalization

q medical care

q retirement benefits

Welfare plan contributions by employer made irrevocably to trustee or third person to provide:

q death benefits

q disability benefits

q hospitalization

q medical care

q retirement benefits

Workers’ compensation

3. Overtime Policy Guidance

q Consider staggering work periods

q Communicate your staggered workweek

If you are going to adjust overtime pay to take advantage of the offsets the law provides, make that very clear in your policy and routinely communicate that information. Unless the perception is addressed, employees may challenge the practice unnecessarily as well as feel a lack of candor on the part of their employer.

q Don’t treat overtime as a privilege

Your policy should stress that overtime is not a benefit – it is only to be authorized when business demands it. In no instance should overtime be authorized solely at the request of the employee or awarded as a privilege.

q Don’t be casual about unreported time

Prohibit in writing and enforce actively a prohibition against “casual work time“ and unreported time. Pay for all time and discipline abusers immediately after the fact.

q Don’t unintentionally support unreported time

Through management development and supervisory training, aim to dispel the belief that the “good” employee is the one who comes in a little early or stays a little late just to help out and does not report the time.

q Have a clear policy on mandatory overtime

If overtime is to be mandatory when requested, state that fact throughout the hiring process and include a statement to be signed by the employee acknowledging an understanding of the company policy regarding mandatory overtime. Even with such a policy, there may be occasions where certain mitigating circumstances, such as illness or death in the employee’s immediate family, can and should be exceptions. Document all exceptions to policy.

q Don’t fail to include on-call pay in overtime calculations

Pay for time during which an employee holds himself ready for call to work must be included in the regular-rate computation.

q Don’t average hours worked in two or more weeks

Each workweek must be treated as a separate unit in computing pay.

q Do not negotiate side agreements with employees to avoid paying overtime

Employees cannot waive their rights to overtime compensation granted them by the Myanmar law, except where the government supervises the voluntary payment of wages due or sues on behalf of the employees. Employees cannot agree that their overtime hours may be paid at a lower rate. Agreements to “kick back” overtime pay and agreements to conceal overtime hours are invalid. Even though employees have agreed to such arrangements, they can still recover the overtime pay specified in the Myanmar Labor Law, possibly by suing you at some point in the future.