Acts Online
GT Shield

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

Notices

Bargaining Council for the Food Retail, Restaurant, Catering and Allied Trades

Extension to Non-parties of the Main Collective Agreement

7. Number of days and hours of work, ordinary and overtime, and payment for overtime

 

(1) Number of working days: An employee shall not work more than six days in a week, which shall include a Sunday.

 

(2) Ordinary hours of work: Ordinary hours of work shall not exceed—
(a) in the case of an employee other than a casual part-time employee—
(i) 45 hours in any week;
(ii) 9 hours in any day if the employee works for five days or fewer in a week
(iii) six days in any week;
(b) in the case of a casual employee—

24 hours in any week or 3 days in any week or a maximum of 9 hours per day

 

(3) Meal breaks: For each mealtime which occurs during the hours of work of an employee, the employer shall allow his employee a break of not less than one hour after five hours' continuous work, during which no work shall be performed, and such break shall not be deemed to be part of the ordinary hours of work or overtime.

 

(4) Overtime: All time worked in excess of the maximum number of ordinary hours specified in subclause (2), shall be deemed to be overtime. Three days' notice of overtime shall be given to employees where reasonably possible.

 

(5) Limitation of overtime: An employer shall not require or permit his employee to work overtime for more than—
(a) ten hours in any week;
(b) three hours in any day:

Provided that, where an employer caters for a special function, he may, on notification to the Secretary of the Council, require or permit his employees to work, in excess of the ordinary overtime allowed under (a) or (b) above, not more than six additional hours in any day and not more than nine additional hours in any week.

 

(6) Payment of overtime: An employer shall pay an employee who works overtime at a rate not less than one and half times of his ordinary wage in respect of the total period so worked on any day during any week: Provided that where the daily limitation of overtime is exceeded, or the weekly overtime exceeds 10 hours, all such overtime shall be paid for at not less than double the rate of the employer's ordinary wage.

 

(7) Spreadover: No employer shall require or permit an employee to work for a spreadover of more than 12 hours: Provided that if overtime is worked and the said spreadover may be exceeded to the extent by which the ordinary working hours plus the overtime and any meal interval specified by paragraph exceed 12 hours on any day.

 

(8) Regulation of working time: The provisions of subclauses (1), (3), (4), (5), (6), (7) and clauses 6(6), 7(9)) and 15B(1)(a) shall not apply to an employee engaged in emergency work or to casual employees, or manager or assistant manager earning more than R37 500 per annum.
(a) Every employee employed after 7 September 2018 shall, for the duration of this agreement, be entitled to all conditions of employment as stipulated in the Basic Conditions of Employment Act 7 of 1997 (as amended, "BCEA") and the Unemployment Insurance Act. 63 of 2001 (as amended, "UIF") but should not qualify for any additional benefits as per clauses 6(4)(a) and (b), 6(6), 8, 10, 11 and 15B(1)(a) of the Main agreement.
(b) The first monthly payment to commence on the first month following 7 September 2018 and to be made on regular intervals of the 1st of every month thereafter for the full duration of this agreement.

 

(9) Nightshift allowance: In the event that an employee, other than a special function casual employee, a casual employee or a contract waiter, that works after 20:00 and has been authorised so to work, the employer shall pay such employee;
(a) R8.00 per shift for hours worked less than four hours.
(b) R16.00 per shift for hours worked in excess of four hours.

 

(10) Pay for work on Sunday *:
(1) An employer must pay an employee who works on a Sunday at double the employee's wage for each hour worked, unless the employee ordinarily works on a Sunday, in which case the employer must pay the employee at one and one-half times the employee's wage for each hour worked.
(2) If an employee works less than the employee's ordinary shift on a Sunday and the payment that the employee is entitled to in terms of subclause (1) is less than the employee's ordinary daily wage, the employer must pay the employee the employee's ordinary daily wage.
(3) Despite sub-clauses (1) and (2), an agreement may permit an employer to grant an employee who works on a Sunday paid time off equivalent to the difference in value between the pay received by the employee for working on the Sunday and the pay that the employee is entitled to in terms of subclauses (1) and (2).
(4) Any time worked on a Sunday by an employee who does not ordinarily work on a Sunday is not taken into account in calculating an employee's ordinary hours of work in terms of clause 7(2), but is taken into account in calculating the overtime worked by the employee in terms of clause 7(5).
(5) If a shift worked by an employee falls on a Sunday and another day, the whole shift is deemed to have been worked on the Sunday, unless the greater portion of the shift was worked on the other day, in which case the whole shift is deemed to have been worked on the other day.

(6)

(a) An employer must grant paid time off in terms of sub-clause (3) within one month of the employee becoming entitled to it.
(b) An agreement in writing may increase the period contemplated by paragraph (a) to 12 months, all employees earning in access of the threshold as stipulated in the BCEA 75 of 1997 and amended from time to time shall be excluded from this clause.