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

Notices

Motor Industry Bargaining Council  (MIBCO)

Extension to Non-Parties of the Main Collective Agreement

Division A

Clause 4: Regulation of Working Hours

4.6 Short-Time
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(1)Subject to the provisions of subclause (3) of this clause and notwithstanding anything to the contrary in this Agreement, an employer may employ his employees on short-time:

Provided that—

(a)where such short-time is owing to slackness of trade and/or shortage of materials, if an employee is required not to attend the establishment on a particular day, the employer shall notify him of the fact not later than the day immediately preceding the day on which he is not required to work, and where the employee is expressly required by the employer to report at the establishment on any particular day for the purpose of ascertaining whether work will be available, he shall, if no work or if work of less than four hours' duration is available, be paid not less than four hours' in respect of such day;
(b)in respect of employees employed in establishments registered under Chapters III and V of Division C of this Agreement, no deduction shall be made in the case of short-time owing to a power failure or a general breakdown of plant or machinery, in respect of the first hour not worked, unless the employer has given his employee notice not later than on the immediately preceding day that no work will be available.

 

(2)In the event of short-time being worked an employer shall not be required to pay wages to his employees except for the period actually worked or as otherwise expressly provided for in sub-clause (1) of this clause.

 

(3)An employee may not be placed on short-time on any of the days that are public holidays in terms of section 1, or declared as such under section 2 of the Public Holidays Act, 1994.

 

(4)Payment for public holidays during short-time shall be at short-time rates provided four calendar days’ notice has been given to the employees.

 

(5)An apprentice may not be placed on short-time except with the approval of a SETA.

 

(6)In the event of any employee being placed on short-time in excess of four weeks, the employer concerned shall provide the Regional Council with jurisdiction over the establishment with the following information in writing:
(a)The names of all employees placed on short-time;
(b)the reasons for extending the working of short-time beyond four weeks;
(c)the date on which short-time commenced; and
(d)the estimated duration of short-time.

 

(7)In the event of short-time exceeding eight weeks the Regional Secretary shall report the matter to the Regional Council concerned.

 

(8)An apprentice and trainee undergoing training under the Skills Development Act 97 of 1998 as amended, my not be placed on short-time except with the approval of the SETA.