Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI)Main Collective AgreementPart 10 : Provisions applicable to particular categories of employees62. Relief employees |
| (1) | Unless the context indicates otherwise, relief employees are bound by this clause and the remainder of this Agreement. If there is a contradiction between this clause and another clause in the Agreement, this clause prevails. |
| (2) | The number of relief employees employed by an employer may, on average, not exceed 30% of the employer's average monthly workforce over a 12-month period. |
| (3) | Relief employees must be paid— |
| (a) | not less than one-fifth of the weekly wage prescribed for employees of their class for every day on which they work for six hours or more; or |
| (b) | for six hours work if they work for less than six hours on any day; and |
| (c) | an additional premium of 10% of any wage paid in terms of paragraphs (a) or (b). |
| (4) | A relief employee who performs classes of work for which different wages are prescribed in Schedule 5 on any day must be paid at the highest wage for that day, plus an additional premium of 10% of such highest wage. |
| (5) | A relief employee who works more than 90 days in a 52 week period— |
| (a) | is no longer entitled to the 10% premium on wages prescribed in subclause (3)(c), but is entitled to the benefits prescribed in terms of clause 24 of this Agreement and clause 7(1)(d)(iii) of the Provident Fund Agreement; |
| (b) | must be credited with a working day for any day on which the employee works, irrespective of the number of hours worked; |
| (c) | must be paid in lieu of annual leave, an amount calculated using the following formula for every ordinary hour, or part of an hour, worked: |
| (6) | A relief employee who is employed for more than 144 days in a 52 week period must be offered a permanent position and must be remunerated accordingly. |
| (7) | A relief employee must be paid in cash— |
| (a) | on the last day of the employee's employment if the employee has worked for two days or less; or |
| (b) | on the normal weekly pay-day of the establishment, if the employee has worked for more than two days. |
| (8) | A relief employee may not work more than nine ordinary hours on any day. |
| (9) | A relief employee who works on a public holiday must be paid in terms of clause 15, calculated on— |
| (a) | the hourly rate prescribed for the employee's class, for each hour or part of an hour worked, with a fraction of an hour rounded up or down to the nearest full half·hour; |
| (b) | the wage specified in subclause (3), including the additional premium of 10%. |
| (10) | A relief employee who works on a Sunday must be paid in terms of clause 14. |
| (11) | A relief employee who works overtime must be paid in terms of clause 11, calculated on— |
| (a) | the daily total of overtime worked, with a fraction of an hour rounded up or down to the nearest full half-hour; and |
| (b) | the wage specified in subclause (3), including the additional premium of 10%. |
| (12) | Payment for overtime must be made to relief employees on the day that the overtime was performed. |