Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)SchedulesSchedule One : Procedures for Progressive Reduction of Maximum Working Hours |
1. Goal
This Schedule records the procedures to be adopted to reduce the working hours of employees to the goal of a 40 hour working week and an eight hour working day—
| a) | through collective bargaining and the publication of sectoral determinations; |
| b) | having due regard to the impact of a reduction of working hours on existing employment and opportunities for employment creation, economic efficiency and the health, safety and welfare of employees. |
2. Collective bargaining
When during negotiations on terms and conditions of employment, a party to the negotiations introduces the reduction of maximum working hours as a subject for negotiation, the parties must negotiate on that issue.
3. Role of employment Conditions Commission
The Commission may investigate the possibility of reducing working hours in a particular sector and area and make recommendations to the Minister thereon.
4. Investigation by Department of Labour
| (1) | The Department of Labour must, after consultation with the Commission, conduct an investigation as to how the reduction of weekly working hours to a level of 40 hours per week may be achieved. |
| (2) | The investigation must be completed and the report submitted to the Minister not later than 18 months after the Act has come into operation. |
| 5. | Reports |
| (1) | The Department of Labour must, after consultation with the Commission— |
| (a) | monitor and review progress made in reducing working hours; |
| (b) | prepare and publish a report for the Minister on the progress made in the reduction of working hours. |
| (2) | The Department must publish reports every two years. |
| (3) | The reports must be tabled at NEDLAC and in Parliament by the Minister. |
| (4) | The Minister may prescribe the returns to be submitted by employers, trade unions and councils on any matter concerning this Schedule. |