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

Notices

Motor Industry Bargaining Council (MIBCO)

Extension to Non-Parties of the Main Collective Agreement

Division A

Clause 4: Regulation of Working Hours

4.1 Hours of Work

A. Division B employees

Purchase

(1)

(a)

Subject to the provisions of sub-clause (4) of this clause, the ordinary hours of work of any employee, other than a part-time employee, shall notwithstanding anything to the contrary contained in this sub-clause, not exceed 45, excluding meal intervals, in any one week, and eight, excluding meal intervals, on any one day: Provided that:

(i)	in any establishment where on one day in every week the ordinary hours of work are not more than five, any employee may be required or permitted to work for an additional period not exceeding half an hour on each of the remaining days of the week; or

(ii)	an employee who does not ordinarily work on more than five days a week may on any working day be required or permitted to work for an additional period of 15 minutes per day to a maximum of 60 minutes per week;

(iii)

subject to the provisions of paragraph (1)(a)(i) and (ii) of this clause, an employee's ordinary hours of work shall terminate not later than 20:00 on any day and subject to the provisions of sub-clause (2)(a) of this clause, shall be continuous.

(iv)	employees may, subject to their consent and sub-clause (2)(b) hereof, work flexible working hours over seven days a week and for hours beyond 08:00 to 17:00.

Note:

1.	Employers may apply for exemption from the provisions of sub-clause (1)(a)(iii) of this clause, which exemption shall be subject to compliance with predetermined guidelines.

2.	Any change to an employee's ordinary hours of work, which prevailed at the date of publication of this Agreement, shall be subject to mutual Agreement having been reached between himself and his employer and no intimidation shall be exercised by an employer to reach such Agreement.

(b)	The ordinary hours of work of a part-time employee shall not exceed five on any day.

(2)	No employer shall require or permit any employee—

(a)	to work for a continuous period of more than five hours without an uninterrupted interval of less than one hour:

Provided that, for the purposes of this paragraph, a period of work interrupted by a period of less than one hour shall be deemed to be continuous:

Provided further that an employer may agree with those of his employees who normally work on only five days each week that the uninterrupted interval referred to in paragraph (a) of this sub-clause shall be reduced to not less than 30 minutes, but before a reduced interval may be put into operation the employer shall enter the details of the Agreement to the reduced interval, including the terms thereof and the employee’s consent thereto, in a proper record to be kept for inspection purposes;

(b)	to work his ordinary weekly hours over more than five and a half days in any week.

(3)

All employees, except travellers and their assistants, shall be entitled to and be granted a rest interval of 10 minutes at as nearly as practicable to the middle of each morning and afternoon work period, and such interval shall, for the purpose of calculating wages, be reckoned as part of the ordinary working hours.

(4)

Whenever any traveller or his assistant is at any time during the course of his employment required to work away from the establishment of his employer, the provisions of sub-clause (2) of this clause shall not apply and the hours of work stipulated in sub-clause (1)(a) of this clause may for purposes of such work be extended by up to 15 minutes in a day but not more than 60 minutes in a week.

(5)	For the purposes of this clause, an employee who is arrested or detained by the police for any offence or suspected offence shall, for the period during which he is under arrest or so detained and unable to continue his employment, be deemed to have absented himself without permission.