(1) Exclusions —
| (a) |
Sub-clauses (3), (4) (5) and (6) shall not apply to an employee while he or she is engaged on emergency work. |
| (b) |
Sub-clause (3) and (4) shall not apply to a watchperson: Provided that if a meal interval is granted to such an employee the time taken up by such interval shall be deemed to be time during which he or she worked; |
| (c) |
Sub-clause (4) shall not apply to a driver or an employee who assists such driver on the vehicle; |
| (d) |
Sub-clause (3), (4), (5) and (6) shall not apply to an employee who is remunerated according to an agreement under clause 19. |
(2) Ordinary hours of work - An employer shall not require or permit an employee to work more ordinary hours of work than:
(a) 45 in any week from Monday to Saturday, inclusive, and
(b) subject to subparagraph (i), in the case of an employee who normally works on:
(aa) not more than five days in a week, nine on any day;
(bb) more than five days in a week, eight on any day, unless the hours on one day do not exceed five.
| (3) |
Meal Intervals – An employer shall not require or permit an employee to work for more than five hours continuously without a meal interval of not less than one hour, 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: Provided that: |
| (a) |
such interval may be reduced to not less than half an hour by written mutual agreement between an employer and an employee; |
| (b) |
periods of work interrupted by intervals of less than one hour, except when proviso (a) or (e) applies, shall be deemed to be continuous; |
| (c) |
if such interval is longer than one hour any period in excess of one and one quarter hours shall be deemed to be time worked; |
| (d) |
only one such interval during the ordinary hours of work of an employee on any day shall not form part of the ordinary hours of work; |
| (e) |
when on any day by reason of overtime worked an employer is required to give an employee a second meal interval, such interval may be reduced to not less than 15 minutes; |
| (f) |
a driver who during such interval does not work other than being or remaining in charge of the vehicle or its load shall for the purpose of this subclause be deemed not to have worked during such interval; |
| (g) |
such interval need to be granted to a shift worker during his or her ordinary hours of work on any shift if he or she is given the opportunity during such hours of having a meal while at his or her post in terms of any law. |
| (4) |
Rest intervals – An employer shall grant to each of his or her employees a rest interval of not less than 10 minutes as nearly as practicable in the middle of each first work period and second work period of the day, and during such interval such 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 such employee: Provided that where an employer grants his or her employee a rest interval of not less than 20 minutes during each morning work period, the afternoon rest interval may be dispensed with. |
Except as provided for in subclause (3) and (4) all hours of work of an employee on any day shall be consecutive.
| (5) |
Daily and weekly rest periods — |
| (a) |
An employer must allow an employee: |
| (i) |
a daily rest period of at least twelve consecutive hours between ending and recommencing work; and |
| (ii) |
a weekly rest period of at least 36 consecutive hours which, unless otherwise agreed, must include Sunday. |
| (b) |
A daily rest period in terms of subclause 5(a) may, by written agreement be reduced to 10 hours for an employee— |
| (i) |
whose meal interval lasts for at least three hours; or |
| (ii) |
who is a driver of a motor vehicle or an employee assisting on or accompanying a motor vehicle driven over a distance of more than 480 kms in one direction from the point of departure to the destination, if the ordinary hours of work of such a driver or other member of the vehicle staff, together with any overtime worked, do not exceed 14 hours on any day. |
| (c) |
Despite subclause (a)(ii), an agreement in writing may provide for— |
| (i) |
rest period of at least 60 consecutive hours every two weeks; or |
| (ii) |
an employee"s weekly rest period to be reduced by up to eight hours in any week if the rest period in the following week is extended equivalently. |
| (6) |
Overtime - An employer shall not require or permit an employee to work overtime otherwise than in terms of an agreement concluded by him or her with the employee and such overtime shall not exceed: |
| (a) |
three hours on any day; or |
| (b) |
10 hours in any week; |
Provided that this limitation shall not apply in respect of the employees referred to in subclause (5)(b)(ii).
| (7) |
Payment for overtime - An employer shall pay an employee, who works overtime, at a rate of not less than one and a half times his or her hourly wage. |
South African Council for Educators Act, 2000
