| (1) |
Where any employee is required or permitted to work in excess of the days or hours prescribed in clause 4.1 of this Division, any such excess shall be overtime and the employee shall be paid for the overtime at the rates specified in sub-clause (8) of this clause: Provided that overtime shall not extend beyond 23:00 Mondays to Fridays, and 18:00 on Saturdays. |
| (a) |
The provisions of this clause shall be subject to the provisions of clause 4.3 dealing with work on Sundays. |
| (2) |
No employee shall be required or permitted to work overtime for more than 10 hours in any one week. |
| (3) |
An employee may be required to work an additional 10 hours' overtime over and above the 10 hours referred to in sub-clause (2) of this clause, provided a licence of exemption has been obtained as follows: |
| (a) |
The employer shall submit an application to the Regional Secretary of the Regional Council; |
| (b) |
the Regional Secretary of the Regional Council shall consult with the employers' organisation and the trade union representing the employees concerned on the merits of the application for exemption; and |
| (c) |
if approved, the Regional Secretary of the Regional Council shall issue a suitable licence of exemption (subject to the provisions of this sub-clause that authorise the additional overtime to a maximum of 10 hours per week); and |
| (d) |
the Regional Secretary shall submit the licence of exemption to the Regional Council for ratification at the next meeting of the Regional Council and, failing ratification, the licence of exemption shall be null and void. |
| (4) |
The maximum of the total overtime (overtime and the additional overtime together) shall not exceed 60 hours in any period of four continuous weeks. |
| (5) |
Whenever an employee is requested to work overtime in excess of 10 hours (additional overtime) his employer shall notify the employee not less than 72 hours in advance of the intention to work such additional overtime. |
| (6) |
Notwithstanding any other provision, no employee shall qualify for overtime payment in respect of any week during which he has worked less than 45 hours. The required 45 hours to qualify for overtime shall be subject to a pro rata reduction if any of the following occur in a particular week: |
| (a) |
Statutory public holidays during the week referred to in clause 9.6 of Division A; and/or |
| (b) |
absence during the week with the permission or condonation of the employer; and/or |
| (c) |
the commencement of a new contract of employment during that week |
| (7) |
An employee who is aggrieved by the employer's non-condonation of his absence for purposes of calculating the 45 hours for purposes of calculating overtime may appeal to a Regional Council against the employer's decision. The Regional Council may, after considering any reasons that may be submitted in support of such decision, confirm that decision or give such other decision as in its opinion ought to have been given in that case. The employee shall have the right to further appeal against the Regional Council's decision to the National Council, whose decision shall be final. |
| (8) |
An employee shall not be paid less for overtime than— |
| (a) |
one and a half time the ordinary wages for overtime worked between 06:00 and 23:00; |
| (b) |
double the ordinary wages for overtime worked between 23:00 and 06:00 and/or on statutory public holidays. |
(9) No employee shall be required or permitted to work overtime in excess of two hours after the completion of his ordinary working hours on any particular day, unless such employee has been—
| (a) |
provided with an adequate meal prior to the commencement of such overtime; or |
| (b) |
paid a minimum allowance of R10,00 sufficiently in advance to enable such employee to obtain a meal prior to the commencement of the overtime work. |
| (10) |
Notwithstanding anything to the contrary contained in this clause,no employee shall be required or permitted to work— |
| (a) |
overtime for purposes of stock-taking for more than 15 hours in any one year or 15 hours spread over a period of more than 12 consecutive days; |
| (b) |
overtime for purposes other than stock-taking in excess of four hours on any one day: |
Provided that whenever any employee is required to work overtime for purposes of stock-taking, his employer shall give written notice of not less than seven days of the intention to work such overtime to the employee concerned.
| (11) |
Sub-clause (10) shall apply to workshop administrative staff, clerical employees employed by filling and/or service stations and supply sales persons. |
| (12) |
Notwithstanding any provision to the contrary, no employee shall be required to work overtime other than on a voluntary basis, free from any form of coercion, intimidation or victimisation. |
| (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) |
With the exception of the employees referred to in Division A, Clause 1 (3)(a) & (3)(b) of this Division, no employee shall be required or permitted to work overtime for more than 10 hours in any one week. |
| (a) |
An additional 10 hours overtime may be worked by workshop employees employed in establishments registered under Chapters ll, lll 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) |
The minimum rates at which employees shall be remunerated for overtime worked shall be as follows: |
| (a) |
In respect of workshop employees and grade l 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 ll and lll of Division C of this Agreement— |
| (i) |
in the case of an artisan: one and a half times his ordinary rate of remuneration; |
| (ii) |
in the case of an employee other than an artisan: 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. |
| (4) |
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, lll 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. |
| (5) |
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 ll, lll 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. |
Copyright Act, 1978
