| (1) |
An employer shall not require or permit an employee to work more ordinary hours of work than provided for from the date of implementation of this determination— |
| (ii) |
subject to subparagraph (i), 12 on any day; |
| (b) |
any other category of employee — |
| (ii) |
subject to subparagraph (i), in the case of an employee who normally works on— |
| (aa) |
not more than five days in a week, nine (9) on any day; and |
| (ab) |
more than five days in a week, eight (8) on any day. |
| (2) |
Averaging of Working Hours: |
Despite sub clause (1), the ordinary hours of work and overtime of an employee may, be averaged over a period of up to four months, in terms of a written agreement.
| (a) |
An employer may not require or permit an employee who is a security officer to work more than— |
| (i) |
an average of 48 ordinary hours of work in a week over the agreed period; and |
| (ii) |
an average of ten hours overtime in a week over the agreed period. |
| (b) |
Any employee whose hours are averaged in terms hereof must be paid at the premium hourly rate in respect of all work performed on a Sunday or public holiday, as per clauses 7 and 8. |
| (c) |
Any employee whose hours are averaged in terms hereof will still take, and the employer shall grant, a weekly free period of at least 36 hours or a fortnightly free period of at least 60 hours in terms of sub clause (10). |
| (3) |
Compressed working week: |
An agreement in writing may require or permit an employee to work up to 12 hours in a day, without receiving overtime pay. No such agreement may require or permit an employee to work—
| (a) |
more than 48 ordinary hours in any week, with the exception of the arrangements in respect of security officers in terms of sub clause (1)(a); |
| (b) |
more than 10 hours overtime in any week; or |
| (c) |
on more than five days in any week. |
| (a) |
An employer must give an employee who works continuously for more than five hours a meal interval of at least one continuous hour. |
| (b) |
During a meal interval, an employee may be required or permitted only duties that cannot be left unattended and cannot be performed by another employee. |
| (c) |
An employee must be remunerated — |
| (i) |
for a meal interval in which the employee is required to work or is required to be available for work; and |
| (ii) |
for any portion of a meal interval that is in excess of 75 minutes, unless the employee lives on the premises at which the workplace is situated. |
| (d) |
For the purposes of sub clause (a), work is continuous unless it is interrupted by an interval of at least 30 minutes. |
| (e) |
An agreement in writing may — |
| (i) |
reduce the meal interval to not less than 30 minutes; |
| (ii) |
dispense with a meal interval for an employee who works fewer than six hours. |
| (f) |
No deduction in respect of a meal interval shall reduce the employee's monthly salary, as specified in this determination, or any amendment thereto. |
An employer shall grant to each employee, other than a driver or a security officer, a rest period of not less than 15 minutes as practicable in the middle of the first and second work periods of the day, and during which intervals such employee shall not be required or permitted to perform any work, and such interval shall be deemed to be part of the ordinary hours of work of such employee.
| (6) |
Hours of work to be consecutive: |
Save as provided in sub clause (4), all hours of work of an employee on any day shall be consecutive.
| (a) |
An employer may only require or permit an employee to perform night work if— |
| (i) |
the employee is compensated by the payment of an allowance, as per clause 3(6); and |
| (ii) |
public or other transportation is available between the employee’s place of residence and the workplace at the commencement and conclusion of the employee’s shift. |
| (b) |
An employer who requires an employee to perform work on a regular basis after 23:00 and before 06:00 the next day must inform the employee in writing, or orally, if the employee is not able to understand a written communication, in a language that the employee understands— |
| (i) |
of any health and safety hazards associated with the work that the employee is required to perform; and |
| (ii) |
of the employee’s right to undergo a medical examination in terms of sub clause (7)(c). |
| (c) |
At the request of the employee, enable the employee to undergo a medical examination, for the account of the employer, concerning those hazards— |
| (i) |
before the employee starts, or within a reasonable period of the employee starting, such work; and |
| (ii) |
at appropriate intervals while the employee continues to perform such work; and |
| (d) |
Transfer the employee to suitable day work within a reasonable time if — |
| (i) |
the employee suffers from a health condition associated with the performance of night work; and |
| (ii) |
if it is practicable for the employer to do so. |
| (e) |
For the purposes of sub clause (7)(b), an employee works on a regular basis if the employee works for a period of longer than one hour after 23:00 and before 06:00 at least five times per month or fifty times per year. |
| (8) |
Limitation of overtime: |
The need to work overtime shall be at the sole discretion of the employer and an employer shall not require or permit an employee to work overtime otherwise than in terms of an agreement concluded by the employer with the employee and such overtime shall not exceed—
| (b) |
10 hours in any week; |
Provided that the weekly limitation may increase to 12 hours in terms of a written agreement between the employer and employee.
| (9) |
Payment for overtime: |
An employer shall pay an employee who works overtime, of any nature, at a rate of not less than one and a half times the employee’s hourly equivalent wage in respect of the total overtime period so worked by such employee.
| (a) |
An employer must allow an employee— |
| (i) |
a daily rest period of at least 12 consecutive hours between the normal ending and recommencing work; and |
| (ii) |
a weekly rest period of at least 36 consecutive hours. |
| (b) |
A daily rest period in terms of sub clause (10)(a) may, by written agreement, be reduced to 10 hours for an employee— |
| (i) |
who lives on the premises at which the work place is situated; and |
| (ii) |
whose meal interval lasts for at least three hours. |
| (c) |
Despite sub clause (10)(a)(ii), an agreement in writing may provide for — |
| (i) |
a rest period of at least 60 consecutive hours every two weeks; or |
| (ii) |
an employee’s weekly rest period to be reduced by up to eight hours in any week, if the rest period in the following week is extended equivalently. |
| (a) |
Sub clauses (4), (5), (6) and (8) shall not apply to an employee while an employee is engaged in emergency work. |
| (b) |
Sub clause (4) shall not apply to an employee wholly or mainly engaged in the tending, feeding or cleaning of animals. |
Medicines and Related Substances Act, 1965
