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

Sectoral Determinations

Sectoral Determination 4 : Clothing and Knitting Sector, South Africa

24. Attendance register

 

(1) Exclusion: This clause shall not apply to a driver of a motor vehicle or an employee accompanying such a driver or to an employee earning a wage in excess of the remuneration stipulated by the Minister in the determination made in Regulation 1438 published on 13 November 1998 or in any other determination in substitution thereof.

 

(2) An employer shall provide in his or her establishment an attendance register substantially in the form of annexure "B" in which he or she shall record in ink or indelible pencil the name and class of each of his or her employees, and if such employee is unable to write his or her employer shall on his or her behalf for each day worked and for that day make the necessary entries in respect of items (i) to (iv) inclusive of subclause (4)(a), and sign such entries in the presence of a person nominated by the employee.

 

(3) An employer may, instead of an attendance register provide a semi automatic time recorder together with the necessary cards, which shall be as nearly as practicable in the form of annexure "C", and supply to each employee such a card indicating the name or number of the employee and the date of termination of the week in respect of which it is to be used.

 

(4) Unless prevented from doing so by unavoidable circumstances, an employee shall in respect of each day worked by him or her and on that day—
(a) record in ink or indelible pencil in the attendance register referred to in subclause (2);—
(i) the day of the week;
(ii) the time he or she commenced work;
(iii) the time of commencement and termination of all meal or other intervals which are not reckonable as ordinary hours of work;
(iv) the time of finishing work the day;
(v) the time of commencement and termination of overtime worked for the day;
(vi) the total number of hours worked for the day; and
(vii) his or her signature;
(b) in an establishment where a semi-automatic time recorder is provided, make an entry by means of such recorder on a card supplied in terms of subclause (3) to show the following:
(i) the time he or she commenced work;
(ii) the time of commencement and termination of all meal or other intervals which are not reckonable as ordinary hours of work; and
(iii) the time of finishing work for the day.

 

(5) An employer shall retain the attendance register referred to in subclause (3), as the case may be, for a period of not less than three years after the date of the last entry therein or thereon.