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Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Motor Ferry Industry

Extension to non-parties of the Main Collective Agreement

9. Rest Days for Longhaul Carrier Drivers

 

9.1. Some long-distance carrier drivers currently working a duty of fourteen (14) days are entitled to a rest period of sixty (60) hours.

 

9.2. Should a duty of fourteen (14) days end after 12:00 on a Wednesday, the rest period of sixty (60) hours commences when the tour ends and will run until 24:00 on Friday night. Any part of the rest period of sixty (60) hours which has not expired by 24:00 on Friday night shall be the unexpired part of the rest period.

 

9.3. In the circumstances mentioned in clause 9.2 above, any unexpired part of the rest period which is to run between 24:00 on Friday night and 24:00 on Sunday night will not be calculated as forming part of the rest period of sixty (60) hours. This means that from 24:00 on Sunday night the unexpired part of the rest period of sixty (60) hours, if any, will continue to run until it is completed.

 

9.4. When the total period including the rest period of sixty (60) hours plus the Saturday and Sunday ends, the long- distance carrier driver will be required to report for duty for the purpose of commencing his/her next tour of duty of fourteen (14) days.

 

9.5. Long-distance carrier drivers will, as at present, not be paid for the rest period on Saturday and Sunday. They will only be paid for time off taken during the week, being from 24:00 on Sunday night until 24:00 on a Friday.

 

9.6. The above arrangements are voluntary and long- distance carrier drivers may opt to report for duty after the rest period of sixty (60) hours.

 

9.7. If a long-distance carrier driver wishes to take the extra time off over a weekend (between 24:00 on a Friday night and 24:00 on a Sunday night) as contemplated above, he/she shall give at least 5 (five) working days' notice before the end of the tour of duty of fourteen (14) days to a designated person of the employer. If the driver is unable to contact the designated person in due time for example because he/she is out of cell phone range or has insufficient air-time but he/she nevertheless wishes to take the extra rest days, the employer will make reasonable efforts to accommodate such requests. In all other circumstances it will be assumed that the driver does not want to take the extra days off. A written record of those employees taking such time off will be kept.

 

9.8. Employers shall be entitled to schedule drivers' tours of duty so that the operational requirements of the employer are not disrupted to the extent that there are insufficient drivers to carry out planned trips.