Frequently Asked Question

How are overtime and working hours regulated for outsourced staff?

3 min read BestCare Manpower Services Nairobi, Kenya
Answer

Working hours and overtime are governed by employment legislation in virtually every jurisdiction, and these rules apply equally to outsourced workers. At Bestcare Manpower Services, we take working hours compliance very seriously — both because it is legally required and because we believe that respecting workers’ time is fundamental to their wellbeing and productivity.

Most countries set a maximum on the number of hours a worker can be required to work in a given period — typically 40 to 48 hours per week. The European Working Time Directive sets a 48-hour average working week. Similar limits exist across African, Asian, and other jurisdictions. These limits apply to outsourced workers just as they apply to directly employed workers. Bestcare monitors working hours for all of our workers and takes action when limits are approached or at risk of being breached.

Legislation typically also mandates minimum rest periods: daily rest between shifts, weekly rest days, and rest breaks during long shifts. These rest requirements exist to protect workers’ health and safety. Bestcare builds these requirements into our shift scheduling and briefing processes, and we require client businesses to respect them in practice.

Work performed beyond contracted hours is overtime. The rules on overtime pay — whether it must be paid at a premium rate, what the premium is, and whether compensatory time off may be substituted — vary by jurisdiction and, in some cases, by sector or collective agreement. Bestcare maintains systems to track actual hours worked accurately, calculate any overtime pay entitlement correctly, and ensure that workers receive what they are owed.

Many jurisdictions apply special rules to workers on night shifts: health assessments, enhanced pay rates, limits on the number of consecutive nights worked, and specific rest requirements. Where Bestcare deploys workers on night shifts, we ensure that all applicable night-work rules are observed.

Accurate timekeeping is the foundation of hours compliance. Bestcare requires timesheets to be submitted and authorised for each pay period, and we maintain records of hours worked for all deployed workers. These records are available for inspection by labour authorities and form part of our standard compliance documentation.

Clients must understand that they cannot direct outsourced workers to work hours that breach legal limits, even if the operational pressure to do so is significant. If a client believes that the contracted hours are insufficient for the work required, the right solution is to discuss an adjustment to the deployment — not to push workers beyond legal limits. Bestcare is always available to discuss resourcing needs and find lawful solutions.