Section 13 of the Labour Act in Nigeria. Hours of work and overtime

(1) Normal hours of work in any undertaking shall be those fixed-

(a) by mutual agreement; or

(b) by collective bargaining within the organization or industry concerned; or

(c) by an industrial wages board (established by or under an enactment providing for the establishment of such boards) where there is no machinery for collective bargaining.

(2) Hours which a worker is required to work in excess of the normal hours fixed under subsection (1) of this section shall constitute overtime.

(3) Where a worker is at work for six hours or more a day, his work shall be interrupted (to the extent which is necessary having regard to its character and duration and to working conditions in general) by allowing one or more suitably spaced rest-intervals of not less than one hour on the aggregate:

Provided that-

(a) exceptions may be made to the rule in this subsection where unforeseen circumstances render them necessary; and

(b) where it is found unavoidable in view of the nature of the work and the working conditions in general, time-off for a meal at the worksite or in the immediate vicinity may be substituted for the rest-interval.

(4) In subsection (3) of this section, "rest-interval" means an interruption of work, of which the length is fixed beforehand and during which the worker is free to dispose of his time and is not required to remain at the place of work.

(5) Where, by reason of its connection with a mechanical process or as a result of other circumstances, the work involves continuous strain or is particularly trying in other ways, the worker shall be allowed the requisite number of suitably adjusted and spaced breaks in the work.

(6) In subsection (5) of this section, "break in the work" means a short intermission in the work fixed beforehand which is ordered with a view to allowing the worker to detach himself from his work and which is not to be counted as a rest-interval or time-off under subsection (3) of this section.

(7) In every period of seven days a worker shall be entitled to one day of rest which shall not be less than twenty-four consecutive hours; if any reduction takes place in the weekly rest-period-

(a) corresponding time-off from work shall be allowed as soon as possible (and in any case not later than fourteen days thereafter); or

(b) wages at overtime rates shall be paid in lieu thereof.

Section 13 of the Labour Act in Nigeria

Act structure