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

Notices

National Bargaining Council for the Clothing Manufacturing Industry

Main Collective Agreement

Part A : Provisions for the Eastern Cape Region

6. Wages

6.9 Overtime Rates
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(1)

(a)Payment for overtime shall be not less than one and a half times the hourly wage for each hour or part of an hour so worked or, in the case of piece work, not less than one and a half times the ordinary rate of wage for all work done during each hour: Provided that—
(i)an employee who works overtime for less than four hours on a Saturday shall be paid as if he had on that day worked four hours" overtime;
(ii)an employee who works overtime for more than four and a quarter hours or after 12:00 on a Saturday shall be paid at the rate of two times the hourly wage for each hour or part of an hour so worked;
(b)for the purpose of calculating overtime, the hourly wage shall mean the weekly wage divided by 42.

 

(2)

(a)If an employee works on a Sunday, his employer shall either pay the employee—
(i)if he so works for a period not exceeding four hours, not less than the ordinary wage payable in respect of the period ordinarily worked by him on a week-day; or
(ii)if he so works for a period exceeding four hours, wages in respect of the total period worked on such Sunday or wages which is not less than double his ordinary wage payable in respect of the period ordinary worked by him on a weekday, whichever is the greater; or
(b)at not less than one and a half times his ordinary rate of wage in respect of the total period worked on such Sunday and the employer shall in addition grant the employee within seven days of such Sunday, one day"s leave and pay him in respect thereof, wages at a rate of not less than his ordinary rate of wage as if he had on such holiday worked his average ordinary working hours for that day of the week.

 

(3)If overtime calculated on a daily basis differs from that calculated on the weekly basis, the basis more favourable to the employee shall be adopted.

 

(4)Subject to the provisions of subclause 7.1 (4), the provisions of this clause shall not apply to a watchman.