Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 4 : Clothing and Knitting Sector, South Africa10. Averaging hours of work |
(1) | Exclusion: This clause shall not apply to an employee earning a wage in excess of the remuneration stipulated by the Minister in the determination made in Regulation 1438 published on 13 November 1998 or in any other determination in substitution thereof. |
(2) | Despite clause 7(2) and clause 7(7), the ordinary hours of work and overtime of an employee may be averaged over a period of up to four months in terms of a collective agreement. |
(3) | An employer may not require or permit an employee who is bound by a collective agreement in terms of subclause (2) to work more than— |
(a) | an average of 45 ordinary hours of work in a week over the agreed period; |
(b) | an average of five hours’ overtime in a week over the agreed period; |
(4) | A collective agreement in terms of subclause (2) lapses after 12 months. |
(5) | Subclause (4) only applies to the first two collective agreements concluded in terms of subclause (2). |