Section 10 of The Code on Wages, 2019
Wages of employee who works for less than normal working day.
If an employee whose minimum rate of wages has been fixed under this Code by the day works on any day on which he was employed for a period of less than the requisite number of hours constituting a normal working day, he shall, save as otherwise hereinafter provided, be entitled to receive wages in respect of work done on that day, as if he had worked for a full normal working day: Provided that he shall not be entitled to receive wages for a full normal working day, --
- (i)in any case where his failure to work is caused by his unwillingness to work and not by the omission of the employer to provide him with work; and
- (ii)in such other cases and circumstances, as may be prescribed.
Summary
- If a worker is hired for a day but the boss doesn't provide enough work to fill a standard shift, the worker still gets a full day's pay.
- This rule only applies when the failure to work a full day is the employer's fault, such as when they run out of materials.
- A worker is not entitled to a full day's pay if they are personally unwilling or refuse to work the required hours.
- The specific number of hours that count as a "full day" is defined by the government in other rules.
Practical examples
FAQ
1. If my boss only has 2 hours of work for me, do I get full pay under Section 10 of The Code on Wages, 2019?
Yes, if your minimum wage is fixed by the day and the lack of work is the boss's fault, Section 10 of The Code on Wages, 2019, says you get paid as if you worked the full day.
2. Does Section 10 of the 2019 Wage Code apply if I decide to go home early?
No, under Section 10 of The Code on Wages, 2019, you do not get full pay if your failure to work is caused by your own unwillingness to work.
3. What if the employer didn't give me any work at all for the day?
If you were "employed" for that day and the employer failed to provide work, Section 10 of The Code on Wages, 2019, entitles you to a full day's wages.
Test yourself
1.Under Section 10 of The Code on Wages, 2019, a worker gets a full day's pay for partial work ONLY if:
2.What is the main condition for losing the right to a full day's pay under Section 10 of the 2019 Wage Code?
3.If a factory has a power cut and workers are sent home after 4 hours, what must the employer pay under Section 10 of The Code on Wages, 2019?
4.Under Section 10 of the Wage Code, who decides how many hours make a "normal working day"?