Do overtime and commission count as wages?
- Overtime allowance and commission are left out of wages s. 2(y)(h)–(i).
- They still count towards the 50% test s. 2(y), first proviso.
- For equal pay and for paying wages, overtime allowance is counted as wages s. 2(y), second proviso.
Last checked 1 Nov 2026 · written from the official text · not reviewed by a lawyer. This explains the law in general and does not decide your case.
What the Labour Ministry says
- “Overtime allowance payment forms a part of the 50 percent wage calculation.” FAQ 1, Additional FAQs, 16 Mar 2026: official copy · our copy
This is the Ministry's explanation, not the law. Its FAQs and Handbook say the Codes prevail.