Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council of the Leather Industry of South Africa:Footwear SectionCollective Agreement6. Hours of Work |
| 6.1 | Ordinary Hours of work |
| (1) | An employer may not require or permit an employee to work for more than— |
| (i) | 42 ordinary hours which maybe regulated in terms of clause 17, excluding meal intervals, in any one week; or |
| (ii) | 60 ordinary hours, excluding meal intervals, in any one week in the case of a watchman; and |
| (iii) | 8 ½ ordinary hours, excluding meal intervals, in any one day. |
| (2) | In an establishment where the ordinary hours of work on one day are not more than five, an employee may be required or permitted to work an additional period not exceeding half an hour every remaining day of the week. |
| (3) | The hours of a driver shall include all periods of driving as well as any time spent on other work connected with the vehicle or the load and all periods during which an employee is obliged to remain at his post in readiness to work, but shall not include meal intervals. |
| (4) | An employer shall notify the Council in writing of the starting and finishing times of every section of every department in his establishment and any variation thereof. |
| 6.2 | Overtime hours |
| (1) | An employer may not require or permit an employee to work overtime exceeding 10 hours per week |
| (2) | An employee shall not be required to work overtime unless the employer gave notice to such employee the day before such overtime shall be worked. |
| 6.3 | Meal and other Rest Intervals |
| (1) | An employer shall give an employee who has worked for a continuous period of not more than five hours a meal interval of at least one hour. |
| (2) | An employer shall give an employee a rest interval of not less than 10 minutes as near as practicable in the middle of the work period before and after meal intervals. |
| (3) | Where an employee works overtime for longer than 3 hours, a rest interval of not less than 10 minutes shall be given during the working period, but where the overtime is worked after the ordinary working hours of an employee, an unpaid rest interval shall be given to employees before they start overtime work. |
| (4) | No work may be performed during the meal and rest intervals. |
| (5) | An employer shall give a watchman a weekly rest interval of not less than 24 consecutive hours. |
| (6) | Periods of work interrupted by less than 1 hour shall be considered continuous. |
| (7) | The provisions of this clause may be amended in terms of clause 17. |
| 6.4 | Shift work |
| (1) | An employer shall notify the Council where more than one shift is worked in any establishment and of the starting and finishing times of each shift and any variation thereof. |
| (2) | Where an employee works outside the ordinary shift hours as notified to the Council, such time shall be considered overtime for the purpose of remuneration. |
| (3) | Where a three-shift system is worked in an establishment, all hours in excess of seven and a half hours in a shift shall be considered overtime. |
| (4) | The provisions of this clause may be amended in terms of clause 17. |
| 6.5 | Short-Time |
| (1) | Short-time means a temporary reduction in the number of ordinary hours of work owing to a shortage of work and/or raw materials or a general breakdown of plant or machinery or breakdown or threatened breakdown of buildings, or any other unforeseen work-related circumstances. |
| (2) | Where short-time is declared, notification shall be given to the trade union(s) or their representatives and to the employees in the establishment. |
| (3) | Employees shall be informed, individually or by notice posted in the department or departments in which they are employed, on the day before short-time will apply that: |
| (a) | their services would not be required; and |
| (b) | that they will not be paid for the period that their services are not required. |
| (4) | Where employees were not so informed and are present for work at the ordinary starting time, they shall be entitled to be employed for half a day or to receive half a day’s remuneration in lieu thereof. |
| (5) | Where employees are present for work in the afternoon, they shall be entitled to be employed for two hours or receive two hours remuneration in lieu thereof, unless notice of short-time was given to the employees during the morning. |
| (6) | Where work ceases due to a breakdown, employees shall be entitled to payment only for the first hour and for any time in excess of one hour that they are required to remain in the establishment. |
| (7) | Payment of remuneration to employees on short-time shall be made during working hours and where an employee has to call at the factory solely for the purpose of collecting his remuneration, he shall be entitled to payment for two hours and such additional time that he is required to wait for his pay. |
| (8) | Where short-time has been introduced in an establishment, the employer shall where possible, distribute work equally among employees in the department concerned. |
| (9) | Any period before or after a leave period during which an establishment is closed shall be regarded as short-time. Where such period is longer than 3 days, the employer shall give 3 days’ notice to employees in writing in a place accessible to all employees. Where such notice was not given, this period of more than 3 days shall be considered extra annual leave for which the employer shall pay employees in terms of the annual leave clause. |