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Can I expect to be paid extra for working overtime?

How overtime working is dealt with should be spelled out in an express term in your contract of employment, which may specify a higher pay rate for overtime. If you are paid by the hour then you must be paid for any overtime hours that you work. Salaried staff do not have a statutory right to be paid for overtime, but some may have a right through their contracts of employment.

If there is no reference to overtime payments, but you or others have regularly been paid overtime in the past, then the courts might decide that an implied term, based on custom and practice, exists in your contract of employment.