For the purpose of this clause, “short time” means the implementation of reduced working time, i.e. fewer number of hours per day and/or fewer number of days per week, owing to a shortage of work and/or materials and any other justifiable contingencies and/ or unforeseen contingencies and/or circumstances beyond the control of the employer.
| (a) |
An employer shall give the Regional Council, affected employees and affected party trade unions five calendar days’ notice of the intention to implement short time hours. The employer shall, during the five calendar day notification period, consult with the representatives of the officials of the trade union and/or elected shop stewards on the manner in which the short time working will operate. The union officials shall make themselves available to meet with the employer over the five day period and, where not available within this time period, then the employer must consult directly with the elected shop stewards. |
| (b) |
The employer shall, as far as practicable, spread the work available amongst the employees affected. |
| (c) |
An employer shall not be required to pay wages to his employees, except for the periods actually worked. |
| (d) |
An employer shall, give the Regional Council, affected employees and affected party trade unions two clear working day’s notice of the intention to increase or reduce short time hours. |
| (e) |
An employer shall notify the Regional Council, affected employees and affected party trade union(s) five calendar days' notice if short time is to continue for more than six weeks from the date of original implementation. During this time period the employer shall consult with the representatives of the officials of the trade union(s) and/or elected shop stewards on the continuation of short-time or alternatives therein as contained in the security-of-employment provisions of Annexure "A" to this Agreement. |
| (a) |
The provisions of clause 5 of this Agreement relating to overtime payments shall not apply in respect of time worked in excess of specified daily short-time hours, but less than the ordinary working hours for such working day of the week: Provided that should the employer require an employee to work in excess of the daily short-time hours, but fails to give the notice prescribed in subclause (1)(d) then such period so worked shall be remunerated at a penalty rate equivalent to the applicable overtime rate for the period so worked beyond the short-time hours for a maximum period of two days. |
| (b) |
For the purposes of this clause, the notice prescribed in subclause (1)(a) shall not apply in respect of short time working caused by unforeseen contingencies and/or circumstances beyond the control of the employer including but not limited to power problems, interruptions and/or failures, machinery breakdown, theft, fire and/or flood: Provided that; |
| (i) |
Where the employer elects to send employees home they shall receive not less than four hours’ work or pay in lieu thereof, in respect of such day; and |
| (ii) |
Where the employer believes resumption of work can be effected and expressly instructs his employees to present themselves for employment on a particular day, they shall receive not less than four hours’ work or pay in lieu thereof, in respect of such day. |
| (iii) |
Unforeseen contingencies and/or circumstances referred to above shall not include inclement weather. |
| (iv) |
The purpose of the five day notification period is to allow the employer and the representatives of the trade union and/or elected ship stewards to meet in order to consult on the manner in which the short time working will operate. This may include meetings convened on a Saturday and/or Sunday. |
Statistics Act, 1999
