This section provides the Scottish Government overtime rules and payment rates.

Transcription

1 Introduction This section provides the Scottish Government overtime rules and payment rates. This section does not apply to staff with no conditioned hours, to those with separately negotiated terms for claiming overtime (eg Security staff, staff employed on sea-going duty) or to staff with individually negotiated terms for Saturday and Sunday working. Section A - Standard Overtime Overtime Payments in the Scottish Government Main Bargaining Unit (SGM) 1. General 1.1. Staff in Bands A-C are entitled to claim overtime for all hours worked at Management's request in excess of conditioned hours. Overtime working is at Management's discretion. 1.2 Conditioned hours are defined in Section A2.1 of the Staff Handbook. 1.3 Flexitime cannot be claimed for any period of overtime working. 1.4 Guidance on Travel Time and Meal Allowance associated with overtime working will be provided separately soon. 1.5 The rules relating to overtime payments are set out in the following paragraphs. Exceptions 1.6 The overtime rules do not apply to: staff with no conditioned hours (i.e. those with 'all hours worked' contracts). staff with negotiated terms of compensation for excess hours worked which differ from the rules described below (e.g. Security staff, staff employed on sea-going duties). staff with individually negotiated terms for Saturday/Sunday working. 1.7 Time spent in excess of conditioned hours on training courses does not attract overtime. Time-off in Lieu of Overtime 1.8 As an alternative to payment for overtime, staff may if they wish, be granted timeoff in lieu equal to the overtime hours worked. This is subject to Management discretion.

2 2. Payment Rate General 2.1 Overtime is paid by the hour and in addition to basic salary. 2.2 Overtime payments are based on salary plus any allowance in payment which reckons for overtime. 2.3 Overtime payments are non-pensionable. Overtime - Monday to Saturday (inclusive) 2.4 For staff in Band A the hourly payment is at the rate of time and a half. 2.5 For staff in Bands B and C the hourly payment is made at plain time rate. Overtime - Sunday 2.6 All staff who are required to work in excess of conditioned hours between the hours of midnight Saturday and midnight Sunday will receive an overtime payment calculated at plain time rate (see paragraph 3.1 below). 3. Premium Payments for Working on Saturdays and Sundays 3.1 In addition to receiving overtime payments (as described above) for working on Saturdays and Sundays, staff will also receive a premium payment (see Section C). 4. Authorisation and Recording of Overtime 4.1 All overtime must be authorised in advance by the Head of Branch or at a higher level. The Head of Branch is also responsible for ensuring that, where appropriate, work is effectively supervised, for monitoring the output achieved and for monitoring the on-going need for overtime working. 4.2 Heads of Branch (level or above) are reminded that the Scottish Government is an equal opportunities employer and therefore all staff should be considered when overtime is required. 4.3 Claims for payment must be submitted on the appropriate form PAY 2 (Claim for Overtime and Associated Allowances) or PAY 3 (Claim for Travel Time and Associated Allowances). Forms which are completed incorrectly will be rejected and could lead to late payment. 4.4 All overtime forms must be countersigned irrespective of the pay range of the claimant 4.5 A form PAY 1 (Record of Overtime, Travel Time and Allowances Claimed) must also be completed to record the hours claimed. Heads of Branch must retain this form for auditing purposes.

3 4.6 You may also be entitled to claim reimbursement of travelling expenses which have been incurred on additional attendance. Claims should be submitted using the PAY 8 form. 4.7 Copies of the relevant forms are available from the HR Shared Service Centre, S1 Spur, Saughton House. Completed forms should be sent by the Countersigning Officer to the HR Shared Service Centre - Payroll Team. They should be addressed as follows: PAY DOCUMENTS HR Shared Service Centre - Payroll Team S1 Spur Saughton House Edinburgh. Section B - Part-time Part-time Staff: Payment for Extra Hours Worked and Overtime EXTRA HOURS WORKED 1. General 1.1 Part-time staff may claim a payment for all hours worked at Management's request in excess of their contracted hours (see paragraph 2.1 below). 1.2 Once staff work beyond the net conditioned hours set for full-time staff (37 hours), payment becomes subject to the overtime rules described at paragraphs 3-8 below. 2. Extra Hours Worked (up to net conditioned hours) - Calculation of Payment 2.1 Payment for all hours worked at Management's request in excess of contracted hours and up to net conditioned hours for full-time staff will be made at plain time rate. For part-time staff plain time rate for extra hours worked up to net conditioned hours is calculated as follows: (Part-time salary 52.2 weeks) / Contracted Hours OVERTIME PAYMENTS 3. General 3.1 Once part-time staff work beyond the net conditioned hours for full-time staff (37 hours), payment becomes subject to the overtime rules described in the following paragraphs. 3.2 Overtime working is at Management's discretion.

4 4. Exceptions 4.1 The overtime rules for part time staff do not apply to: staff with negotiated terms of compensation for excess hours worked which differ from the rules described below (i.e. Security staff, staff employed on sea-going duties). staff with individually negotiated terms for Saturday/Sunday working. 4.2 Time spent in excess of net conditioned hours on training courses does not attract any extra payment. 5. Time-off in Lieu of Overtime 5.1 As an alternative to payment for overtime, staff may if they wish, be granted timeoff in lieu equal to the overtime hours worked. This is subject to Management discretion. 6. Calculation of Overtime Payments 6.1 Overtime payments are based on salary plus any allowance in payment which reckons for overtime. 6.2 Overtime payments are non-pensionable. 6.3 Overtime is paid by the hour and in addition to basic salary. The hourly overtime payment is made at plain time rate calculated as follows: (Full time salary (Inc any allowance that reckons for overtime) 52 weeks) / 42 hours Overtime Payment rate - Monday to Saturday (inclusive) 6.4 For staff in Band A, Monday to Saturday overtime is paid at 1½ times the overtime rate calculated as at paragraph 6.3 above. 6.5 For staff in Bands B & C payment is made at the hourly overtime rate calculated as at paragraph 6.3 above. Overtime Payment rate - Sunday 6.6 All staff who are required to work in excess of net-conditioned hours between the hours of midnight Saturday and midnight Sunday will receive an hourly overtime payment calculated as at paragraph 6.3 above. 7. Premium Payments for Working on Saturdays and Sundays 7.1 In addition to receiving the payments described above for working on Saturdays and Sundays, staff will also receive a premium payment (see Section C).

5 8. Authorisation and Recording of Extra Hours Worked and/or Overtime 8.1 All extra hours or overtime worked must be authorised in advance by the Head of Branch or at a higher level. The Head of Branch is also responsible for ensuring that, where appropriate, work is effectively supervised, for monitoring output achieved and for monitoring the on-going need for overtime working. 8.2 Claims for payment must be submitted on the appropriate form PAY 2 (Claim for Overtime and Associated Allowances) or PAY 3 (Claim for Travel Time and Associated Allowances). Forms which are completed incorrectly will be rejected and could lead to late payment. 8.3 A form PAY 1 (Record of Overtime, Travel Time and Allowances Claimed) must also be completed to record the hours claimed. Heads of Branch must retain this form for auditing purposes. 8.4 Copies of the relevant forms are available from the HR Shared Service Centre, S1 Spur, Saughton House. Completed forms should be sent by the Countersigning Officer to the HR Shared Service Centre - Payroll Team. They should be addressed as follows: PAY DOCUMENTS HR Shared Service Centre - Payroll Team S1 Spur Saughton House Edinburgh. Section C - Weekend Working Premium Payments for Weekend Working 1. General 1.1 Staff who are required to work between the hours of midnight Friday and midnight Sunday will receive a premium payment in accordance with the following rules. 1.2 Premium payments are calculated using basic salary plus any allowances which reckon for overtime. 1.3 Premium payments are pensionable. 1.4 Time off in lieu as an alternative to premium payments will not be granted. 1.5 Where staff on an external training course are required to attend on a Saturday, Sunday or a recognised rest day, time off in lieu may be allowed. However, no premium payment will be made. 1.6 The premium payment rules do not apply to:

6 staff with no conditioned hours (i.e. those with 'all hours worked' contracts); staff with individually negotiated terms for Saturday/Sunday working. 2. Payment Rates 2.1 For all staff (part-time and full-time) premium payments are calculated using plain time rate as follows: (Full time salary (inc. allowances that reckon for overtime) 52 weeks) / 42 hours Premium Payment for Saturday Attendance 2.2 Staff who are required to work between the hours of midnight Friday and midnight Saturday will receive a premium payment of half their plain time rate of pay for the hours they work. 2.3 For full-time staff the premium payment is paid in addition to: basic pay - for staff working within conditioned hours; overtime pay - for staff working in excess of conditioned hours; and shift disturbance, night duty and late duty allowances where appropriate. 2.4 For part-time staff the premium payment is paid in addition to: basic pay - for staff working within contracted hours; an extra hours worked payment - for staff working in excess of contracted hours but within net conditioned hours; overtime pay - for staff working in excess of net conditioned hours; and shift disturbance, night duty and late duty allowances where appropriate. Premium Payments for Sunday Attendance 2.5 Staff who are required to work between the hours of midnight Saturday and midnight Sunday will receive a premium payment at plain time rate of pay. 2.6 Where the attendance on a Sunday is in excess of conditioned hours, the premium payment will be paid in addition to overtime. 2.7 For part-time staff working in excess of contracted hours but within net conditioned hours, the premium payment will be paid in addition to an extra hours payment ( see Section B).

7 Section D - Holidays Payment for Working on Public or Privilege Holidays 1. Public Holidays 1.1 Staff who are required to work on a public holiday will, in addition to their basic salary, receive a premium payment at plain time rate for the hours of attendance. Wherever possible, time off in lieu will also be granted equal to the hours worked on the holiday. Where time off in lieu cannot be granted, an additional (non-pensionable) payment for the hours worked will be made at plain time rate. 1.2 When Christmas Day, New Year's Day or 2 January fall on a weekend and a substitute public holiday is declared, the provision described above will apply to both the original and substitute days. 1.3 Payment for attendance on a public holiday is calculated using basic salary plus any allowances which reckon for overtime. 1.4 For all staff (full-time and part-time) plain time rate is calculated as follows: (Full time salary (inc. allowances that reckon for overtime) 52 weeks) / 42 hours 1.5 The premium payment is pensionable. 1.6 Time off in lieu as an alternative to premium payments will not be granted. 2. Privilege Holidays 2.1 Staff required to work on a Privilege Holiday (including attendance on external training courses) may be allowed an alternative holiday. Where an alternative holiday cannot be granted payment at plain time (see paragraph 1.4 above) can be made at management discretion. 2.2 The payment is non-pensionable