| (1) |
All time worked in excess of the weekly or daily ordinary hours prescribed in clause 7(1) and (2) of this Agreement shall be overtime. |
| (2) |
Notwithstanding the provisions of sub-clause (1) above, where in any one week an employee absents himself on own accord from work, such ordinary hours not worked, may be deducted from; |
| (a) |
overtime worked during such week; and |
| (b) |
shall be paid at the employees ordinary rate of pay. |
| (3) |
The provisions of this clause shall not apply in the event that the employee is absent as follows: |
| (a) |
upon the instructions of the employer; |
| (b) |
on account of illness, provided that the employee presents a medical certificate as proof of cause of absence; |
| (c) |
during the religious holidays, Eid, Bakri and Diwali. |
| (d) |
an employee who is required to work overtime, shall subject to sub -clause (2), be paid: |
| (i) |
for any time worked after the ordinary finishing time, up to 10 hours during any pay week, at the rate of one and a half times the hourly rate; and |
| (ii) |
An employee who feels aggrieved by the application of Clause (2) above, may appeal to the Council against the decision. |
The Council shall after considering the reasons either confirm that decision or make such other decision, as in its opinion ought to have been given.
| (4) |
An employee who is required to work on any of the holidays as mentioned in Clause 14(1) shall be paid in addition to the wages due for each of these days at; |
| (a) |
the normal wage rate as prescribed in this Agreement; and |
| (b) |
shall be paid in terms of sub -clause (a) irrespective whether such holiday falls on a Saturday. |
South African Council for Educators Act, 2000
