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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 8A - Overtime Exemptions

 

(1) In terms of Clause 8 of Part I of this Agreement, provision is made for a maximum 10 hours of overtime to be worked per week.

 

(2) An employer seeking overtime to be worked in excess of the 10 hours per week shall apply to the Council on the prescribed form for exemption from the limitation imposed by Clause 8.

 

(3) An employer applying to work overtime in excess of 10 hours per week but up to a maximum of 15 hours per week shall automatically be granted exemption provided that such exemption shall only be permitted for a maximum consecutive period of two months for such activity and for a maximum period of four months in any calendar year.

 

(4) An employer applying to work overtime hours in excess of 15 hours per week may be granted exemption by the Exemptions Committee provided:
(i) the employer strictly adheres to the Code of Good Practice on the Arrangement of Working Time in respect of the guidelines on the health and safety of its employees;
(ii) no employee is required to work more than 6 consecutive days per week and in excess of 72 hours per week inclusive of overtime;
(iii) an employee who has worked for a consecutive period of 6 days (shifts) must not be required to work for at least a further period of 36 consecutive hours before commencing another shift.

 

(5) Exemption to work in excess of 15 hours per week shall be granted up to a maximum period of TWO months in any CALENDAR YEAR.

 

(6) All hours worked in excess of an employee's normal working hours shall be deemed to be overtime and must be paid at the applicable overtime rates.

 

(7) The Council shall, in determining whether or not to grant or to decline an exemption application to work overtime in excess of 15 hours per week in terms of sub-clause (4), consider all relevant factors which include but are not limited to the following:
(i) the written and verbal substantiation provided by the applicant;
(ii) the duration of the exemption provision;
(iii) the terms of the exemption;
(iv) the extent of consultation with and the petition for or against granting the exemption as provided by employers or employees who are to be affected by the exemption if granted;
(v) the infringement of basic conditions of employment rights;
(vi) the fact that a competitive advantage may or may not be created by granting such exemption;
(vii) the extent to which the exemption application undermines collective bargaining and labour peace in the Electrical Industry;
(viii) any existing special economic or other circumstances which warrant the granting of such exemption;
(ix) cognisance should be taken of contravening any other legislation by granting an exemption, which include but are not limited to the Occupational Health and Safety Act, the Basic Conditions of Employment Act, and the Labour Relations Act.

 

(8) The decision of Council to grant or to decline an exemption application shall be communicated to the applicant in writing within 14 days of the date of its decision and a reason or reasons shall be provided for not granting an exemption.