For which kinds of work may an employer give time off instead of the extra wage, and on whose agreement does that depend?
General information · Not legal advice
Material to check
In a practice file, we read the written agreement with the workers' representative to see whether one was actually made and covers this kind of work, and the attendance and wage records showing which hours were extended, night or holiday hours and whether leave or money followed.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision's conditions together: the employer, not the worker, grants the leave, only by a written agreement with the workers' representative, and only as a substitute for paying the wage owed for extended, night and holiday work done under the provisions the provision names.
Another reading notes the closing marker meaning 'and others' after the listed kinds of work, which leaves open whether work beyond those named can be brought within such an agreement, and the provision itself sets no terms for what the agreement must say.
Your judgment
How could the file show whether the arrangement was applied to work beyond the kinds the provision names?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to add or remove the kinds of work it covers, or if a decision clarifies how far that closing marker reaches or what the written agreement must contain.