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

Notices

Bargaining Council for the Canvas Goods Industry, Gauteng

Extension to Non-Parties of the Main Collective Agreement

4. Hours of Work
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4.1. ORDINARY HOURS OF WORK
4.1 1 An employer may not require or permit an employee, other than a night watchman to work more than 42 hours per week in respect of establishments which ordinarily work a five day week, and 45 ordinary hours per week in respect of establishments in which employees ordinarily work a six day week, in respect of which minimum wages are prescribed in this agreement, which shall, subject to sub clause 4.1.2, be regarded as the usual working hours.
4.1.2 The usual working hours in any week may be distributed throughout the week at the discretion of the employer, who shall cause to exhibit in a conspicuous place within his establishment, a notice showing the time on each day to be worked by such employee during the ensuing week: provided that, subject to the provisions of sub clause 4.1.3, the usual daily working hours shall not exceed—
4.1.2.1 five hours on one day in any week and eight hours on the remaining days of such week, in the case of establishments in which employees ordinarily work on six days a week;
4.1.2.2 nine hours on any day, in the case of establishments in which employees do not ordinarily work on more than five days a week.
4.1.3 a night watchman may not be required or permitted to work for more than 50 ordinary hours per week.
4.1.4 the hours of work of a driver includes all periods of driving and all times spent on other work connected with the vehicle or the load and all those times that he shall remain with the vehicle and ready to work, but excludes meal times.
4.1.5 the starting and finishing times and variation of such times in each section or department will be subject to the fluctuations of operational requirements in the workplace.

 

4.2.OVERTIME HOURS
4.2.1 An employer may not require or permit an employee to work—
4.2.1.1 overtime except in accordance with an agreement;
4.2.1.2 more than ten (10) hours overtime a week;
4.2.2 Any agreement in terms of sub-clause 4.2.1.1 may not subject to Clause 4.2.7, require or permit an employee to work more than twelve (12) hours on any day;
4.2.3 The employer must pay the employee at least one and a half times the employee's ordinary wage for overtime worked;
4.2.4 Despite sub-section 4.2.3, an agreement may provide for an employer to—
4.2.4.1 pay an employee not less than the employee's ordinary wage in respect of overtime worked and grant the employee at least thirty (30) minutes time off on full pay for every hour of overtime worked; or
4.2.4.2 grant an employee at least ninety (90) minutes paid time off for each hour of overtime worked.
4.2.5 An employer must grant paid time off in terms of sub-clause 4.2.4 within twelve (12) months of the employee becoming entitled to it.
4.2.6 Any agreement concluded in terms of sub-clause 4.2.1.1 with an employee when the employee commences employment, or during the first three (3) months of employment, lapses after one (1) year.
4.2.7 Despite the provisions of sub-clause 4.2.1.2, an employer may, if the peak period demands of his business so require, increase the maximum permitted overtime to fifteen (15) hours per week, which maximum overtime hours shall not apply for more than two (2) months in any period of twelve (12) months.

 

4.3. MEAL AND OTHER REST INTERVALS
4.3.1 Meal intervals
4.3.1.1 An employer may not require or permit an employee to work more than 5 hours continuously without a meal interval of at least half an hour, provided that—
4.3.1.1.1 periods of work interrupted by intervals of less than one half hour shall be deemed to be continuous;
4.3.1.1.2 if such interval be longer than half an hour, any period in excess of three quarters of an hour shall be deemed to be time worked;
4.3.1.1.3 a driver of a motor vehicle, who during such an interval does no work other than being or remaining in charge of the vehicle and its load, if any, shall be deemed for the purposes of this sub clause not to have worked during such interval.
4.3.2 An employer shall grant to each of his employees a rest interval of not less than 10 minutes, at as nearly as practicable—
4.3.2.1 in the middle of each first work period in a day;
4.3.2.2 in the middle of each second work period in a day; during which the employee shall not be required or permitted to perform any work, and such interval shall be deemed to be part of the ordinary hours of work.
4.3.3 Save as provided in clause 4.3.1 and 4.3.2 all hours of work shall be deemed to be continuous.

 

4.4. SHIFT-WORK (PERMANENT OR TEMPORARY)
4.4.1 Shift structures shall be determined at plant level between the employer and employees in the section or department concerned. A copy of the agreement signed by the employer and employees, alternatively the representatives of the majority union shall be forwarded in writing to the Secretary of the Council.
4.4.2 Unless otherwise agreed at plant level between an employer and his employees, the following conditions apply to the working of shifts:
4.4.2.1 An employee working shifts may not be required or permitted to work the same shift for more than one week continuously;
4.4.2.2 An employee working night work may not be required or permitted to remain on night work for more than two consecutive weeks.

 

4.5. SHORT-TIME
4.5.1 Short-time means a temporary reduction in the number of ordinary hours of work as a result of 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 market-related circumstances.
4.5.2 Employees who are not required to work due to short-time shall be informed individually or by notice posted in the department or departments where they work that short-time will apply and that their services will not be required.
4.5.3 An employer does not have to pay employees, except a night watchman and a driver, for the period that they are on short-time: where
4.5.3.1 short-time is due to a shortage of work and/or raw materials, and notice in terms of sub clause 4.5.2 was given to them at least the day before;
4.5.3.2 short-time is due to a general breakdown of plant or machinery or a breakdown or threatened breakdown of buildings caused by accident or other unforeseen emergency, and notice in terms of sub clause 4.5.2 was given to them the day before. However, where notice was not given at least the day before he only has to pay them for the first hour;
4.5.3.3 short-time is due to foreseen market-related situations, and notice in terms of sub clause 4.5.2 was given to them at least 24 hours before;
4.5.4 Where notice was not given to employees in terms of the above provisions, prior to that short -time commencing, and employees are present for work at the ordinary starting time, they are entitled to be employed for at least a half-day or receive half a day's pay. Where notice of short-time was not given to employees during the morning and they are present for work in the afternoon, they are entitled to be employed for at least two hours or be paid for two hours.
4.5.5 The provisions of this clause shall not apply to a night watchman.