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

Notices

National Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry

Extension to Non-parties of the Consolidated Collective Agreement in terms of Sec 32(2) of the LRA

Areas

Area B

34. Overtime

Purchase

34.1	Subject to this clause 34, an Employer may not require or permit an Employee—

34.1.1

to work overtime except in accordance with an agreement;

34.1.2

to work more than 3 (three) hours' overtime a day; or

34.1.3

to work more than 10 (ten) hours' overtime a week.

34.2	Notwithstanding the limits on hours of work specified in clause 34.1 above, overtime may be worked as may be required from time to time: Provided that the Employer and Employee have, in writing, mutually, agreed to the Employee working such overtime.

34.3	An Employer shall—

34.3.1

pay an Employee at least 1.5 (one and half) times the Employees wage for every 1 (one) hour overtime worked; or

34.3.2

grant an Employee at least 90 (ninety) minutes time off for every hour of overtime worked.

34.3.3

the time off shall be paid and granted within 1 (one) month of such overtime worked.

34.4	An Employer must pay an Employee who works on a Sunday at double the Employee's wage for each hour worked, unless the Employee ordinarily works on a Sunday, in which case the Employer must pay the Employee at 1.5 (one point five) times the Employee's wage for each hour worked.

34.5	If an Employee works less than the Employee's ordinary shift on a Sunday and the payment that Employee is entitled to in terms of clause 34.4 is less than the Employee's ordinary daily wage, the Employer must pay the Employee the Employee's ordinary daily wage.

34.6

Notwithstanding clauses 34.4 and 34.5, an agreement may permit an Employer to grant an Employee who works on a Sunday, paid time off equivalent to the difference in value between the pay received by the Employee for working on the Sunday and the pay that the Employee is entitled to in terms of clauses 34.4 and 34.5.

34.7	Any time worked on a Sunday by an Employee who does not ordinarily work on a Sunday is not taken into account in calculating an Employee's ordinary hours of work in terms of clause 34.1, but is taken into account in calculating the overtime worked by the Employee in terms of clause 34.3.1

34.8	If a shift worked by an Employee falls on a Sunday and another day, the whole shift is deemed to have been worked on the Sunday, unless the greater portion of the shift was worked on the other day, in which case the whole shift is deemed to have been worked on that other day.

34.9	An Employer must grant paid time off in terms of clause 34.6 within 1 (one) month of the Employee becoming entitled to it.

34.10

An agreement in writing may increase the period contemplated by clause 34.9 up to 12 (twelve) months.