| (1) | Subject to the provisions of this clause, an employer may not require or permit an employee:— |
| (a) | to work overtime except in accordance with an agreement; |
| (i) | three(3) hours overtime on a normal work day; and |
| (ii) | thirteen (13) hours overtime a week. |
(2)
| (a) | All time worked in excess of the establishment's normal daily and weekly hours of work in any one week, including:— |
Saturdays and any time worked outside of the specified starting and finishing times of work for each day of the week in therms of clause 18(3), other than time worked or deemed to have been worked on a Sunday, shall be regarded as overtime.
| (i) | An employer shall pay an employee who works overtime at a rate of not less than:— |
| (a) | in respect of overtime up to 13 hours in any one week, one and a half times his hourly wage rate for each hour or part of an hour so worked; |
| (b) | in respect of overtime exceeding thirteen (13) hours in anyone week, double his ordinary hourly wage rate. |
| (ii) | Top Up Lost Normal Time Hours - overtime hours in the same week, excluding hours worked on a Sunday, can be used to top up unpaid normal time hours of the same or following week before overtime becomes payable. |
| (c) | PAYMENT FOR PUBLIC HOLIDAYS: |
| (i) | An employer may not require an employee to work on a public holiday except in accordance with an agreement; |
| (ii) | If a public holiday falls on a day on which an employee would ordinarily work, an employer must pay:— |
| (a) | an employee who does not work on the public holiday at least the wage the employee would ordinarily have received for work on that day; |
| (b) | An employee who does work or is deemed to have worked on the public holiday:— |
| (i) | at least double the amount referred to in paragraph (a); or |
| (ii) | if it is greater, the amount referred to in paragraph (a) plus the amount earned by the employee for the time worked on that day. |
| (d) | PAYMENT FOR SUNDAY WORK: |
| (i) | An employer shall pay an employee who works on a Sunday at double the employee's wage for each hour worked, unless the employee ordinarily works on a Sunday, In which case the employer shall pay the employee at one and a half times the employee's wage for each hour worked. |
| (ii) | If an employee works less than an employee's ordinary shift on Sunday and if the payment that the employee is entitled to in terms of subclause (i) is less than the employee's ordinary daily wage, the employer shall pay the employee the employee's ordinary daily wage. |
| (iii) | Notwithstanding subclauses (i) and (ii), an agreement may permit an employer to grant an employee who works on a Sunday paid time off equivalent to the difference in value between the pay received by the employee for working on the Sunday and the pay that the employee is entitled to in terms of either subclauses (i) and or (ii). |
| (iv) | Any time worked on a Sunday by an employee who does not ordinarily work on a Sunday shall not be taken into account in calculating an employee's ordinary hours of work in terms of clause 18 of this Agreement regarding hours of work, but shall be taken into account in calculating the overtime hours of work by the employee in terms of clause 21(1)(b) regarding overtime. |
| (v) | If a shift worked by an employee falls on a Sunday and another day, the whole shift is deemed to have been worked on the Sunday, unless the greater portion of the shift was worked on another day, in which case the whole shift shall be deemed to have been worked on the other day. |
| (vi) | An employer shall grant paid time off in terms of subclause (iii) within one month of the employee becoming entitled to it. |
| (vii) | An agreement in writing may increase the period contemplated by subclause (d)(vi) here above to 12 months. |
| (e) | PAYMENT FOR TIME WORKED IN |
For any time worked in by agreement between an employer and at least 75% of his employees in lieu of normal working time which will be lost owing to the closure of a factory only on any of the days mentioned in clause 45 (1), an employee shall be paid at the ordinary hourly rate for the employee concerned: Provided that such time shall be worked in during the four weeks prior to such closure on the respective days.
| (f) | ELECTRICAL POWER OUTAGES |
For any time worked in by agreement between an employer and at least 75% of his employees in lieu of normal working time which will be lost owing to the closure of a factory, an employee shall be paid at the ordinary hourly rate for the employee concerned: Provided that such time shall be worked in during the following four weeks to such closure.
| (3) | The provisions of subclause (2)(a) shall not apply to any employees specified in Notice Number 531 of Government Gazette No. 37795 of 1 July 2014, namely foremen, managers, sub-managers, senior managerial, professional, technical or administrative personnel in receipt of a salary of not less than R205'433.30 per annum, or as amended from time to time. |
