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

Notices

South African Road Passenger Bargaining Council

Extension to Non-Parties of the Main Collective Agreement

6. Ordinary Hours of Work and Overtime

 

6.1. Ordinary hours of work - Ordinary hours of work shall not exceed 45 hours in any week.

 

6.2. Averaging of hours - Notwithstanding the provisions of this Agreement, an Employer may conclude a collective agreement which permits the Employer to average the ordinary hours of work and overtime of Employees over a period of up to 4 months, provided:
6.2.1. That the Employer may not require or permit an Employee who is bound by the collective agreement to work more than:
(a) An average of 45 ordinary hours of work in a week over the agreed period.
(b) An average of 5 hours overtime in a week over the agreed period.
6.2.2. That the collective agreement lapses after 12 months.
6.2.3. That the proviso referred to in sub-paragraph 6.2.2 above only applies to the first two collective agreements concluded in terms of this clause.

 

6.3. Meal interval - An Employer shall not require or permit an Employee to work continuously for more than five hours, without a meal interval, of not less than 30 minutes, during which interval, such Employee shall not be required or permitted to perform any work and such interval shall not form part of the ordinary hours of work or overtime.

 

6.4. Rest intervals - An Employer shall grant to his Employee, other than a member of the operating staff, a rest interval of not less than 10 minutes as nearly practicable in the middle of each first work period and second work period of the day, and during such interval the Employee shall not be required or permitted to perform any work and such interval shall be deemed to be part of the ordinary hours of work of the Employee.

 

6.5. Weekly day off - An Employer shall grant to every Employee at least one full day off during every seven consecutive days.

 

6.6. Spread-over - In the case of a member of the operating staff the ordinary hours of work, including the meal interval where applicable, and all overtime, shall on any day be completed within a spread-over of 14 hours.

 

6.7. Overtime - Employees working overtime will be compensated at a rate of 1.5 times their normal hourly rate on an ordinary day and double their normal hourly rate on a working day off.

 

6.8. Sunday - Employees working on a Sunday which is not their weekly day off will be compensated at a rate of 1.5 times their normal rate for each hour worked on the Sunday.

 

6.9. Limitation of overtime:
6.9.1 An Employer shall not require or permit an Employee to work overtime, otherwise than in terms of a collective agreement or an agreement concluded with the Employee.
6.9.2. The maximum permitted overtime may not exceed 15 hours per week.

 

6.10. Set-off - Where in any one week an Employee absents himself/herself from work during any or all of the ordinary hours of a shift or shifts, without authority, any overtime worked by the Employee shall be paid at the Employee's ordinary rate of pay for a period equivalent to the period of such absence.

 

6.11. Rest period - An Employer shall grant the Employee, other than a member of the operating staff, a daily rest period of a least 12 consecutive hours between the Employee ending and recommencing work.

 

6.12. Short-time - An Employer shall be entitled to implement short-time upon notice to Employees in which event the provisions of clause 36.4.4 will apply.