| (1) |
Ordinary hours of work: As from the date of coming Into operation of this Agreement, an employer may not require or permit an employee to work more ordinary hours than, in case of |
| (a) |
a watchman/security guard— |
| (i) |
50 hours in any week; and |
| (ii) |
subject to paragraph (i) hereof, 10 hours on any day; |
| (i) |
45 hours in any week; and |
| (ii) |
nine hours in any day; |
| (iii) |
by an agreement the employees ordinary hours of work may be extended up to 15 minutes in a day but not more than 60 minutes in a week. |
| (c) |
a casual employee, eight hours on any day; |
| (d) |
a special function casual employee 15 hours on any day. |
| (e) |
all employees to work a guaranteed minimum of 135 hours per month or 31 hours per week. |
| (f) |
an employee or worker who works for less than four hours on any day must be paid for four (4)hours work on that day. |
| (2) |
Number of Working days: An employer shall not require or permit an employee to work on more than six days per week, which includes Sunday, unless it is his day off. Please see clause 9(6)(b). |
| (3) |
Meal Intervals: An employer shall not require or permit an employee to work more than— |
| (a) |
five hours continuously in the case of a six day week worker; |
| (b) |
six hours continuously in the case of a five day week worker, subject to a bilateral agreement between the employer and the employee; |
| (c) |
six hours continuously where the employee is requested to work a four day week; without a meal interval of not less than one hour, during which interval such an employee shall not be required or permitted to perform any work, and such interval shall not form part of the ordinary hours of work or overtime: Provided that— |
| (i) |
an employer and his employee may agree to reduce the period of such interval to not less 30 minutes; |
| (ii) |
any other interval of less than 30 minutes shall be deemed to be time worked; |
| (iii) |
any interval longer than three hours during the employee's ordinary hours of work, and longer than 30 minutes during or immediately before overtime is worked, shall be deemed to be overtime worked; |
| (iv) |
only one such interval during the employee's ordinary hours shall be deemed to be an interval, and not part of the ordinary hours of work. |
| (4) |
Limitation of overtime: An employer may not require or permit an employee to work overtime for more than, in the case of— |
| (a) |
a casual employee,three hours on any day; |
| (b) |
a special function casual employee, four hours on any day; |
| (c) |
all other employees, four hours on any day and 16 hours in any week; |
Provided that the weekly limitation of overtime prescribed in this clause may not be exceeded by more than 20 hours
| (i) |
during unforeseen circumstances; and |
| (aa) |
the period 6 December to 15 January; |
| (ab) |
shows and exhibitions; |
| (5) |
An employer shall be entitled to require an employee, other than a part-time employee, to work overtime on any day except on the employee's day off, and,such overtime shall not exceed four hours per day and sixteen hours per week. |
| (a) |
An employer shall pay an employee who works overtime at a rate not less than one and a half times his ordinary wage in respect of the total period so worked on any day or during any week. |
| (b) |
Where an employee agrees to work overtime on his day of rest owing to unforeseen circumstances, he shall be granted two full working days off, or he shall be paid not less than double his hourly rate of pay. |
| (c) |
By agreement an employer may pay an employee not less than the employee's ordinary wage for overtime worked and grant the employee at least 30 minutes time off on full pay for every hour of overtime worked,or |
| (d) |
Grant an employee at least 90 minutes paid time off for each hour of overtime worked. |
| (e) |
An employer must grant paid time off within three months of the employee becoming entitled to it. |
| (7) |
Save as is provided for in sub- clause (3),all hours of work of an employee on any day shall be consecutive. |
| (8) |
Savings: (a) The provisions of this clause shall not apply to an employee if and for so long as such employee is in respect of a regular wage in excess of the threshold determined by the Minister of Labour in terms of section 6(3) of the BCEA Act. |
South African Council for Educators Act, 2000
