(1) |
An employer and an employee may contract to work either a compressed working week or to average the hours of work. |
(2) |
Compressed working week: an agreement in writing may require or permit an employee to work up to 12 (twelve hours) in a day, inclusive of the intervals required in terms of clause 22 without receiving overtime pay. |
(3) |
An agreement in terms of sub clause (2) may not require or permit an employee to work |
(a) |
more than 45 (forty-five) ordinary hours of work in any week; |
(b) |
more than 10 (ten) hours' overtime in any week; or |
(c) |
on more than 5 (five) days in any week. |
(4) |
Averaging hours of work: the ordinary hours of work and overtime of an employee may be averaged over a period of up to 4 (four) months in terms of an agreement in writing. |
(5) |
An employer may not require or permit an employee who is bound by a written agreement in terms of sub clause (4) to work more than— |
(a) |
an average of 45 (forty-five) ordinary hours of work in a week over the agreed period. |
(b) |
an average of 5 (five) hours' overtime in a week over the agreed period. |
(6) A written agreement in terms of sub clause (4) lapses after 12 months.