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

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension of Main Amending Collective Agreement to Non-parties

Chapter Five : Terms of Employment

22. Flexible Working Hours

Purchase cart Previous page Return to chapter overview Next page

 

(1) An employer and an employee may contract to work either a compressed working week or to average the hours of work.

 

(2) Compressed working week: an agreement in writing may require or permit an employee to work up to twelve hours in a day, inclusive of the intervals required in terms of clause 23 without receiving overtime pay.

 

(3) An agreement in terms of sub-clause (2) may not require or permit an employee to work
(a) more than 45 ordinary hours of work in any week:
(b) more than ten hours' overtime in any week; or
(c) on more than five days in any week.

 

(4) Averaging hours of work: the ordinary hours of work and overtime of an employee may be averaged over a period of up to four months in terms of an agreement in writing.

 

(5) An employer may not require or permit an employee who is bound by a written agreement in terms of sub clause (4) to work more than
(a) an average of 45 ordinary hours of work in a week over the agreed period.
(b) an average of five hours' overtire in a week over the agreed period.

 

(6) A written agreement in terms of sub clause (4) lapses after 12 months.

 

(7) Sub clause (6) only applies to the first two collective agreements concluded in terms of sub clause (4).