(1)
| (a) |
Where any employee is required or permitted to work in excess of the days or hours prescribed in clause 4.1 of this Division, any such excess shall be overtime and the employee shall be paid for the overtime at the rates specified in subclause (8) of this clause: Provided that overtime shall not extend beyond 23:00 Mondays to Fridays, and 18:00 on Saturdays. |
| (b) |
The provisions of this clause shall be subject to the provisions of clause 4.3 dealing with work on Sundays. |
| (2) |
No employee shall be required or permitted to work overtime for more than 10 hours in any one week. |
| (3) |
An employee may be required to work an additional 10 hours" overtime over and above the 10 hours referred to in subclause (2) of this clause, provided a licence of exemption has been obtained as follows: |
| (a) |
The employer shall submit an application to the Regional Secretary of the Regional Council; |
| (b) |
the Regional Secretary of the Regional Council shall consult with the employers" organisation and the trade union representing the employees concerned on the merits of the application for exemption; and |
| (c) |
if approved, the Regional Secretary of the Regional Council shall issue a suitable licence of exemption (subject to the provisions of this subclause that authorise the additional overtime to a maximum of 10 hours per week); and |
| (d) |
the Regional Secretary shall submit the licence of exemption to the Regional Council for ratification at the next meeting of the Regional Council and, failing ratification, the licence of exemption shall be null and void. |
| (4) |
The maximum of the total overtime (overtime and the additional overtime together) shall not exceed 60 hours in any period of four continuous weeks. |
| (5) |
Whenever an employee is requested to work overtime in excess of 10 hours (additional overtime) his employer shall notify the employee not less than 72 hours in advance of the intention to work such additional overtime. |
| (6) |
Notwithstanding any other provision, no employee shall qualify for overtime payment in respect of any week during which he has worked less than 45 hours. The required 45 hours to qualify for overtime shall be subject to a pro rata reduction if any of the following occur in a particular week: |
| (a) |
Statutory public holidays during the week referred to in clause 9.6 of Division A; and/or |
| (b) |
absence during the week with the permission or condonation of the employer; and/or |
| (c) |
the commencement of a new contract of employment during that week. |
| (7) |
An employee who is aggrieved by the employer"s non-condonation of his absence for purposes of calculating the 45 hours for purposes of calculating overtime may appeal to a Regional Council against the employer"s decision. The Regional Council may, after considering any reasons that may be submitted in support of such decision, confirm that decision or give such other decision as in its opinion ought to have been given in that case. The employee shall have the right to further appeal against the Regional Council"s decision to the National Council, whose decision shall be final. |
| (8) |
An employee shall not be paid less for overtime than— |
| (a) |
one and a half time the ordinary wages for overtime worked between 06:00 and 23:00; |
| (b) |
double the ordinary wages for overtime worked between 23:00 and 06:00 and/or on statutory public holidays. |
| (9) |
No employee shall be required or permitted to work overtime in excess of two hours after the completion of his ordinary working hours on any particular day, unless such employee has been— |
| (a) |
provided with an adequate meal prior to the commencement of such overtime; or |
| (b) |
paid a minimum allowance of R10,00 sufficiently in advance to enable such employee to obtain a meal prior to the commencement of the overtime work. |
| (10) |
Notwithstanding anything to the contrary contained in this clause, no employee shall be required or permitted to work— |
| (a) |
overtime for purposes of stock-taking for more than 15 hours in any one year or 15 hours spread over a period of more than 12 consecutive days; |
| (b) |
overtime for purposes other than stock-taking in excess of four hours on any one day: |
Provided that whenever any employee is required to work overtime for purposes of stock-taking, his employer shall give written notice of not less than seven days of the intention to work such overtime to the employee concerned.
| (11) |
Subclause (10) shall apply to workshop administrative staff, clerical employees employed by filling and/or service stations and supply sales persons. |
| (12) |
Notwithstanding any provision to the contrary, no employee shall be required to work overtime other than on a voluntary basis, free from any form of coercion, intimidation or victimisation. |
South African Council for Educators Act, 2000
