| (1) |
Notwithstanding the provisions of subclause 7.1 (1) (a), (b) and (c) of this part of the Agreement, no employer shall require or permit an employee to work overtime— |
| (i) |
for more than two hours on any day, except that an employee who works a five day week may work up to four hours on a Saturday: Provided that 10 hours are not exceeded in such week; |
| (ii) |
on more than three consecutive days; |
| (iii) |
on more than 60 days in any year; |
| (iv) |
after completion of his ordinary working hours, for more than one hour on any day unless he has— |
| (a) |
provided such employee with an adequate meal before he has to commence overtime; or (b) paid such employee an allowance of not less than R5 in sufficient time to enable the employee to obtain a meal before the overtime is due to commence: Provided that— |
| (aa) |
an employee shall not be required to work overtime without his consent nor shall he be dismissed or adversely affected in his employment by reason of his refusal to work overtime; |
| (ab) |
the requirements of paragraph (iv) shall not apply to an employee who works on a Saturday or Sunday. |
| (2) |
Notwithstanding the provisions of the first and second provisos to subclause 7.2 (1), where an employer requires an employee to work overtime for more than one and a half hours on any day, such an employer shall provide such employee with an adequate meal before he has to commence overtime, or pay such employee an allowance of not less than R5 in sufficient time to enable the employee to obtain a meal before the overtime is due to commence. |
| (3) |
Notwithstanding the provisions of subclause 7.1 (1) (g), an employee may be required or permitted to work overtime before the normal commencement of an establishment: Provided that such overtime shall not commence earlier than 06:45. |
| (a) |
General provisions: Subject to the provisions contained in this part of the Agreement an employer may establish a twilight shift, the establishment and operation of which shall be subject to the following conditions: |
| (i) |
Only unemployed people may be recruited for working this shift. |
| (ii) |
Notwithstanding the provisions of subclause 1 (a) above, supervisory and management staff from the existing staff complement of the employer’s business may be employed on a twilight shift. |
| (iii) |
A twilight shift may only operate between the hours 16h30 to 23h00 daily from Monday to Friday. |
| (b) |
Employment conditions: Staff employed on the twilight shift shall be subject to the following employment conditions: |
| (i) |
All provisions contained in this part of the Agreement, unless specifically excluded, shall be applicable to employees employed on a twilight shift. |
| (ii) |
The remuneration payable to a twilight shift worker shall accrue at an hourly rate. |
| (iii) |
A twilight shift worker shall not be entitled to the payment of a shift allowance. |
| (c) |
Transport arrangements: The following conditions will apply to the transportation of employees working on a twilight shift: |
| (i) |
The cost of transport from the work place to the home of employees will be funded by the employer; and/or |
| (ii) |
The employer will be responsible for the arrangements and expenses of transport from the work place to the homes of the employees at the conclusion of a twilight shift; Provided that where an employer and employee agree that the employee shall make the practical arrangements for transport home, this shall be permissible provided the employer shall still be responsible for the costs of such transport. |
| (5) |
Aggregation of Overtime |
For the purposes of determining the number of hours, or part thereof, which an employee should be paid at overtime rates, the hours worked outside the employee’s normal working hours in terms of clause 7.1 of this part of the Agreement may be reduced by the number of hours or part thereof, in that pay week that the employee was absent.
Provided that no reduction of the overtime worked by an employee shall be made should the absence result from any of the following:
| (i) |
time not worked as a result of protected industrial/protest action; |
| (ii) |
time not worked as a result of a public holiday as declared in terms of the Public Holidays Act; |
| (iii) |
time not worked as a result of the employer having declared short time; |
| (iv) |
time not worked as a result of the employee being on authorised shop steward stewards time off; and |
| (v) |
time not worked as a result of any authorised absenteeism. |
| (6) |
Under no circumstances shall an employee be refused the opportunity to work overtime on the grounds of having been absent. |
South African Council for Educators Act, 2000
