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

B. All other employees

Purchase

(1)	With the exception of the employees earning above the threshold of this Division, the ordinary hours of work of a workshop employee shall not exceed 45 hours, excluding meal intervals, in any one week and not more than nine and a quarter hours , excluding a meal interval, on any one day.

(2)

(a)

(i)	A workshop employee shall not be required or permitted to work for a continuous period of more than six hours without being granted an uninterrupted meal interval of at least one hour.

For the purposes of this paragraph, a period or periods of work interrupted by intervals of less than one hour shall be deemed to be a continuous period. An employer may, however, agree with his employees that the said uninterrupted meal break may be reduced to not less than thirty minutes.

(ii)	Whenever an Agreement has been reached between the employer and his employees to reduce the meal break to 30 minutes, such Agreement shall be recorded in writing and be kept on record for inspection purposes.

(b)	Workshop employees shall not be required to work their ordinary weekly hours over more than six days in any week, nor shall other employees be required to work their ordinary weekly hours over more than six days in any week.

(3)	In respect of establishments registered under Chapters I and IV of Division C of this Agreement only, the following shall apply:—

(a)	the ordinary hours of work of workshop employees shall be contained between the hours of 06:00 and 23:00, subject to the provisions relating to the payment of shift allowances;

(b)

a shift shall run for a continuous period of nine hours excluding meal breaks; provided that overtime shall be paid only after 45 hours in any week having been completed, irrespective of the hours of work per day and provided further that this provision shall not apply in cases where an employee is absent from work for part of the week due to proven illness, annual leave, family responsibility leave or absence with the consent of the employer.

(c)	a shift shall run for a continuous period of nine hours excluding meal breaks after which overtime shall be payable;

(d)	the determination of a shift pattern shall be arranged by mutual Agreement between the employer and his employees;

(e)	no employee shall be required or permitted to work more than one shift in any 24-hour period, with the exception of shift changes;

(f)	employees may, subject to their consent, work more than two Sundays per month;

(g)	a 10% shift allowance shall be paid in respect of shifts commencing after 14:00: Provided that this paragraph shall not be applicable to forecourt attendants;

(h)

transport for employees whose shifts ends after 20:00 may be arranged by mutual Agreement between the employer and his employees: Provided that where an employer and his employees cannot reach mutual Agreement, the Regional Council concerned may be requested to assist in arriving at such an Agreement;

(i)	an employee shall be granted a rest period of not less than 36 hours after having worked his ordinary hours per week;

(j)	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.

(4)

All workshop employees, except service supply salesmen (employed only in establishments registered under Chapters I and IV of Division C of this Agreement), shall be entitled to and be granted a rest interval of ten minutes as near 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.

(5)

Whenever any service supply salesperson 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) 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.

(6)

Notwithstanding anything to the contrary contained in this Agreement, it shall be permissible, whenever in any parking garage a night parking service is conducted, to employ general workers between 18:00 on any day and 08:00 on the next day for the purposes of night parking services only, for a maximum of seven hours per night on seven successive nights:

Provided, however, that after working 14 consecutive nights any such general worker shall be entitled to one free night on full pay as if he had on such night worked his average ordinary working hours for that night of the week, and if such employee does not avail himself of this right, he shall instead be paid one seventh of his normal weekly wage in addition to his ordinary wage.

(7)

Whenever a general worker is employed on night parking services he shall be paid by his employer not less than one week’s wages as laid down in clause 2 of Chapter I of Division C of this Agreement for the first 45 hours of his employment in any such week and for any hours worked in excess of 45 hours in any week such general worker shall be paid at a rate of not less than one and a half times his ordinary wage.

(8)	Subject to the provisions of clause 3.8(10) of this Division relating to absences from employment and clause 4.6 of this Division relating to short-time, whenever:

(a)	any general worker or forecourt attendant employed in an establishment that is registered under Chapter I of Division C of this Agreement: or

(b)	any grade of operative or general worker employed in an establishment that is registered under Chapter II of Division C of this Agreement: or

(c)	any employee other than a journeyman or machine setter employed in an establishment that is registered under Chapter III of Division C of this Agreement: or

(d)	any grade D operative employed in an establishment that is registered under Chapter IV of Division C of this Agreement: or

(e)	any employee other than a journeyman or brake drum skimmer or machine setter employed in an establishment that is registered under Chapter V of Division C of this Agreement,

works for less than 45 hours in any one week owing to—

(i)	the usual working hours of the establishment being less than 45;

(ii)	the employer being unable to regulate the shifts of such employee to 45 hours; and/or

(iii)

any reason other than his absenting himself without the employer"s permission,

such employee"s week shall be deemed to be 45 hours.

(9)	For the purpose 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.

(10)	Notwithstanding the provisions of this clause, an employer and employee may, in Agreement with each other, compress the 45-hour working week into four days: Provided that the normal working hours shall not exceed 12 hours in any one day.