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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Chapter Two : Regulation of working time

12. Averaging of hours of work

 

(1) Despite sections 9(1) and (2) and 10(1)(b), 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 collective agreement.

 

(2) An employer may not require or permit an employee who is bound by a collective agreement in terms of subsection (1) to work more than—
(a) an average of 45 ordinary hours of work in a week over the agreed period;
(b) an average of five hours' overtime in a week over the agreed period.

 

(3) A collective agreement in terms of subsection (1) lapses after 12 months.

 

(4) Subsection (3) only applies to the first two collective agreements concluded in terms of subsection (1).