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

Notices

National Bargaining Council for the Electrical Industry of South Africa

Extension to Non-parties of the Main Collective Agreement

Part l: Scope of Application, Definitions and General Terms and Conditions of Employment

Clause 6 - Days and Hours of Work

 

(1)

(a) Subject to the provisions of Clause 8 and BA of this Agreement, no employer shall require or permit any employee to work—
(i) for more than nine (9) hours in any one day, Mondays to Fridays;
(ii) for more than forty-four (44) hours in any one week;
(iii) for more than five days in any one (1) week, Mondays to Fridays;
(iv) on a Saturday, or Sunday;
(v) before 07:00 or after 17:00;
(aa) for more than five hours continuously without an uninterrupted interval of not less than one hour, during which interval the employee shall not be required or permitted to perform any work: Provided that an employer may agree with a majority of his employees to reduce the length of the interval to not less than half an hour;
(ab) except as provided for in sub-clauses (v)(aa) or (v)(ac) hereof, periods of work interrupted by intervals of less than one hour shall be deemed to be continuous;
(ac) when, by reason of any overtime worked, an employer is required to give an employee a second interval, such interval may be reduced to not less than 15 minutes.
(b) Notwithstanding the provisions of Clause 6(1)(a), an employer must, by declaration to the Council within 3 months of commencing operating a business, elect its ordinary working hours. Should it fail to do so, contributions to benefit funds and all levies shall be calculated based on a normal work week of 44 hours, and it may not then require or permit its employees to work—
(i) for more than forty-four (44) hours in any one week;
(ii) for more than nine (9) hours in any one day;
(iii) for more than five (5) days in any one week, Mondays to Fridays;
(iv) on a Saturday or Sunday;
(v) before 07:00 or after 17:00;
(aa) for more than five hours continuously without an uninterrupted interval of not less than one hour, during which interval the employee shall not be required or permitted to perform any work: Provided that an employer may agree with a majority of his employees to reduce the length of the interval to not less than half an hour;
(ab) except as provided for in sub-clauses (vi)(aa) or (vi)(ac) hereof, periods of work interrupted by intervals of less than one hour shall be deemed to be continuous;
(ac) when, by reason of any overtime worked, an employer is required to give an employee a second interval, such interval may be reduced to not less than 15 minutes.
(c) Any employer at the date of coming into operation of this Agreement, and that is operating as a business, may maintain or by agreement with the majority of the employees elect to vary its current working hours but may not require or permit an employee to work—
(i) for more than forty-four (44) hours in any one week;
(ii) for more than nine (9) hours in any one day;
(iii) for more than five days in any one (1) week, Mondays to Fridays;
(iv) on a Saturday, or Sunday;
(v) before 07:00 or after 17:00.
(d) Any employer that is operating as a business as at the date of coming into operation of this Agreement, must declare its normal working hours to the Council. Should it fail to do so, contributions to benefit funds and all levies shall be calculated based on a normal work week of 44 hours.

 

(2) An employer may, to facilitate the keeping of a record of the starting and stopping time and hours of work of his employees, require them to clock in and out of work and may, before  paying any employee any wages and/or remuneration for any period not recorded by the clock, require the employee to show satisfactory proof of having been at work: Provided that an employee shall be paid in terms of this Agreement for any time recorded by the clock which falls within the starting and finishing time of the shift for that day of the week, excluding meal intervals as notified by the employer to his employees in terms of Clause 46(3) of this Agreement and for all time which he is required by the employer to work which does not fall within such starting and finishing times.