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 D

34. Overtime

Purchase

34.1	An Employer may not require an Employee to work more than 10 (ten) hours overtime per week.

34.2	For an Establishment that is located in a mall as well as those governed by lease agreements within a retail operation, "night work" means work performed after 22h00 and before 08h00, the next day.

34.3

For an independent Establishment, "night work" means work performed after 19h00 and before 07h00 the next day. For the purposes of this clause 34 the term "independent Establishment" means an Establishment that is not located in a mall and/or an Establishment that is not governed by a lease agreement within a retail operation.

34.4	An Employer may only require or permit an Employee to perform night work, if so agreed, and if:—

34.4.1

the Employee who is working for an Establishment located in a mall and/or for one that is governed by a lease agreement within a retail operation, is compensated by the payment of double of the wage/salary rate for ordinary hours of work and that an Employee who is working for an independent Establishment is compensated by the payment of time and a third of the wage/salary rate for ordinary hours of work; and

34.4.2

transportation is available between the Employee's place of residence and the workplace at the commencement and conclusion of the Employee's shift.

34.5	An Employer who requires an Employee to perform work on a regular basis after 23h00 and before 06h00 the next day, must:—

34.5.1

inform the Employee in writing, or orally, if the Employee is not able to understand a written communication, in a language that the Employee understands:—

34.5.2

of any health and safety hazards associated with the work that the Employee is required to perform; and

34.5.3

of the Employee's right to undergo a medical examination in terms of paragraph 34.6.4 below;

34.5.4

at the request of the Employee, enable the Employee to undergo a medical examination, for the account of the Employer, concerning those hazards;

34.5.5

before the Employee starts, or within a reasonable period of the Employee starting, such work; and

34.5.6

at appropriate intervals while the Employee continues to perform such work; and

34.5.7

transfer the Employee to suitable day work within a reasonable time if:—

34.5.7.1

the Employee suffers from a health condition associated with the performance of night work; and

34.5.7.1

it is practicable for the Employer to do so.

34.6	For the purposes of clause 34.5, an Employee works on a regular basis if the Employee works for a period of longer than 1 (one) hour after 23h00 and before 06h00 at least 5 (five) times per month or 50 (fifty) times per year.

34.7	The Minister may, after consulting the Commission, make regulations relating to the conduct of medical examinations for Employees who perform night work.

34.8	An Employer may not require an Employee who ordinarily does not work on a Sunday to work on a Sunday except in accordance with an agreement.

34.9

If a salon is usually open on Sundays and an Employee is required to work on a Sunday in addition to their normal weekly hours of 45 (forty-five) hours per week, then the Employee must be paid for the hours worked on the Sunday at a rate of 1,5 (one and a half) times their normal hourly rate of pay.

34.10

If a salon is not usually open on Sundays and an Employee is required to work on a Sunday in addition to their normal weekly hours of 45 (forty-five) hours per week, then the Employee must be paid for the hours worked on the Sunday at a rate of 2 (two) times their normal hourly rate of pay.

34.11

If an Employee works on a Sunday as part of their normal weekly hours of 45 (forty-five) hours per week then the Employee is paid at their normal hourly rate of pay.

34.12

An Employer must pay an Employee and not grant time off in lieu of hours worked on a Sunday in excess of 45 (forty-five) hours.