Having established the legitimacy of overtime work, the next question is how is overtime payment determined? It is important to states that the Labour Act does not prescribe the criteria for payment other than the statement that any time worked in excess of the normal working hour should constitute overtime.

Also, citing Section 13 subsection 1 of the Nigerian Labour Act, it was pointed out how official working hour can be determined, by mutual agreement, collective bargaining and by an enactment of a wage board. This implies, therefore, that overtime pay will be determined by any of the above-mentioned procedures.

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