Extra work
Somewhat related to this aspect is the matter of extra work performed by the employee outside his normal duties. Some older Scottish cases in the last century appeared to suggest that extra payment would depend on agreement, express or implied.
Otherwise, where the extra work was suitable to the employee and fell within the nature of the work he habitually performed, even though outside his strict contractual duties, he could not expect additional payments. Modem courts may not, however, be so favourable to the employer, for they may strictly interpret the employee's duties according to the letter of his contract, and thereby hold that extra duties would attract extra pay, calculated on a quantum memit basis if necessary. Of course, overtime is invariably paid at special rates as a matter of contractual agreement.