| (1) |
For the purpose of this Clause, "overtime" means all time worked, other than on Sundays, in excess of the number of ordinary hours of work prescribed in Clause 4.1 of this Division. |
(2)
| (a) |
With the exception of the employees referred to in Division A, Clause 1(3)(a) & (b) of this Division, no employee shall be required or permitted to work overtime for more than 10 hours in any one week. |
| (b) |
An additional 10 hours overtime may be worked by workshop employees employed in establishments registered under Chapters II, III and V of Division C, subject to the following conditions:— |
| (i) |
the Regional Secretary of the Regional Council concerned shall consult with the employers' organisation and trade union representing the employees concerned, and if approved, issue a suitable licence of exemption authorising the additional overtime; |
| (ii) |
all overtime prescribed in sub-clause (2)(a) and (b) of this clause shall be limited to 60 hours in any period of four continuous weeks; |
| (iii) |
licences of exemption issued shall be submitted to the Regional Council concerned for ratification at the next ensuing meeting of the Regional Council; |
| (iv) |
whenever a workshop employee is requested to work overtime in excess of 10 hours, his employer shall give notice of not less than 48 hours of the intention to work such additional overtime to the employee concerned. |
| (3) |
Notwithstanding anything to the contrary contained in this clause, workshop administrative staff as defined in this Division, shall not be required or permitted to work— |
| (a) |
overtime on stocktaking for more than 15 hours in any one year or spread over a period of more than 12 consecutive days; |
| (b) |
overtime for purposes other than stocktaking for more than four hours on any one day; |
Provided that whenever any employee is required to work overtime for purposes of stocktaking, his employer shall give the employee concerned notice in writing of not less than 7 days of the intention to work such overtime.
| (4) |
The minimum rates at which employees shall be remunerated for overtime worked shall be as follows: |
| (a) |
In respect of workshop employees and grade I employees employed in establishments registered under Chapters I and IV of Division C of this Agreement— |
| (i) |
one and a half times his ordinary rate of remuneration for overtime worked between 06:00 and 23:00; |
| (ii) |
double his ordinary rate of remuneration for overtime worked between 23:00 and 06:00. |
| (b) |
In respect of workshop employees and chars employed in establishments registered under Chapters II and III of Division C of this Agreement— |
| (i) |
in the case of a journeyman: one and a half times his ordinary rate of remuneration; |
| (ii) |
in the case of an employee other than a journeyman: one and a third times his ordinary rate of remuneration. |
| (c) |
In respect of all workshop employees and chars employed in establishments registered under Chapter V of Division C of this Agreement: One and a half times their normal rate of pay for overtime. |
| (5) |
Grade I and grade 2 employees, drivers of light vehicles and drivers of heavy vehicles, employed in establishments registered under Chapters I and IV of Division C of this Agreement and all employees employed in establishments registered under Chapters II, III and V of Division C, shall not qualify for overtime in respect of any week during which they worked less than 45 hours, this figure being subject to pro rata reduction in respect of the following that occur during a particular week: |
| (a) |
A statutory public holiday. |
| (b) |
Absence with the permission or condonation of the employer: Provided that an employee who is aggrieved by his employer's non-condonation of his absence may appeal to a Regional Council against the employer's decision applied to him, and the Regional Council may, after considering any reasons that may be submitted for such decision, confirm that decision or give such other decision as in its opinion ought to have been given in such case; in the event of the employee not being satisfied with the Regional Council's decision he may appeal against it to the National Council, whose decision shall be final. |
| (c) |
the beginning of a new contract of employment. |
| (6) |
The provisions of clause 4.1 (B) of this Division and sub-clause (2) of this clause, shall not apply to any employee employed in an establishment registered under Chapters II, III and V of Division C of this Agreement, while employed on work which, owing to unforeseen circumstances such as fire, storm, accident, epidemic, act of violence, theft, or a breakdown of plant or machinery, must be done without delay or on any work in connection with the overhauling or repairing of plant or machinery that cannot be performed during ordinary working hours. |
South African Council for Educators Act, 2000
