| (1) | Ordinary hours of work: No. employer shall require an employee to work: |
| (a) | for more than five days in any week, Monday to Friday; |
| (b) | on a Saturday, Sunday or a statutory holiday as well as during the builders' holiday specified in this Agreement; |
| (c) | in the Magisterial District of Bloemfontein, more than eight hours from Monday to Friday (40 hours per week). |
| (a) | No. employer shall require or permit an employee to work more than five continuous hours without a rest/meal interval. |
Such interval or intervals shall total a minimum of 30 minutes and a maximum of 60 minutes and shall not form part of ordinary working hours. The interval(s) shall be at such times as agreed between employer and employee.
| (b) | an employer must allow an employee a daily rest period of at least 12 consecutive hours between ending and recommencing work, and a weekly rest period of at least 36 consecutive hours which must include Sunday. |
| (3) | Statutory public holidays: |
| (a) | Public Holidays shall be as defined in the Public Holidays Act, 1994. |
| (b) | An employee who is not required to work on a public holiday that would normally be a working day, shall receive his normal daily remuneration in respect of that public holiday. |
| (c) | An employee who works on a public holiday falling on a day that otherwise is an ordinary working day, must receive his normal daily remuneration, plus the rate equal to his actual basic wage in respect of all hours worked on that day. |
| (d) | An employee who is required to work on a public holiday that falls on a Saturday or a Sunday shall be paid in accordance with normal overtime rates and shall not be entitled to any additional payment on such a public holiday. |
| (a) | An employer may require his employees to work in shifts: Provided that no employee shall be required to work more than one nine-hour shift during any 24-hour period. |
| (a) | Every employee shall be entitled to 15 working days leave during the annual builders' holiday, which shall commence on the Friday prior to 16 December each year, or any such alternative date as the Council may decide upon by not later than 30 June each year. The compulsory closing time each year will be from 23 December to 3 January, which forms part of the annual leave. |
| (b) | Notwithstanding the terms of subclause (5)(a), an employee may agree with his employer to work during the annual builders' holidays and shall be entitled to the actual wage as well as the supplementary remuneration as prescribed in this Agreement, for any time worked during that period: Provided that such employee shall be entitled to 15 working days leave, or the remainder thereof, at another time during the year, as may be agreed upon between the employer and employee and provided the Council is notified of such mutual agreement in writing. |
| (c) | Employees shall receive leave pay on the last working day prior to the commencement of the builders' holiday in accordance with the contributions made on their behalf. |
| (d) | Leave pay shall be paid in accordance with the terms and conditions of the Holiday Fund referred to in clause 11 of this Agreement. |
| (6) | Family responsibility leave: Family responsibility leave shall be granted as prescribed in the Basic Conditions of Employment Act, 1997. |
| (7) | Counselling, disciplinary and grievance procedures: All employers shall have a Disciplinary and Grievance Procedure in place in conformity with the Act, alternatively must follow the guidelines as specified in the Council's Counselling, Disciplinary and Grievance Procedures, copies which can be obtained from the Council's offices. Employers shall ensure that all new employees be made aware of their Disciplinary and Grievance Procedures during their initiation period. |
| (8) | Termination of contract of employment: |
| (a) | Subject to the provisions set out hereunder, an employer who wishes to terminate the service of his employee shall give at least five days' notice of such termination of employment where the employee has been employed for more than 65 working days. In the case of supervisory staff, the five working days' period of notice shall become effective after more than 22 working days of service: Provided that in this instance the parties may agree to a longer period of notice, in which case such agreement shall be in writing. Where an employee has worked for a shorter period than the above-mentioned respective periods, no period of notice of termination of employment shall be required. If an employee has been employed for a period of one year and longer a notice period of two weeks is applicable. |
| (b) | Such notice shall be given in writing on a working day, and if the recipient of the notice is illiterate, it will be explained to him orally in a language understandable to him. |
| (c) | Notwithstanding the provisions of paragraph (a), either party shall be entitled to terminate the contract of employment without notice by making payment in lieu of the required notice, which payment shall include wages as well as all other benefits. |
| (d) | In the event of an employee absconding, or not making the appropriate payment in lieu of notice, and where the employer has proven such, the employer shall be entitled to deduct the appropriate notice pay from any monies due to the employee. |
| (e) | Where notice of termination of employment has been given, the employer will afford the employee 15 minutes before the normal time of finishing off on the last day of service in order to collect and pack his tools and personal belongings. |
| (f) | The contract of employment shall be terminated only on grounds of misconduct or incapacity, or owing to operational requirements, and an employer shall adhere to the code of good practice as set out in Schedule 8 in the Act. |
| (g) | Where a contract of employment is terminated, the employer shall furnish the employee with all documentation due to him, including a certificate of service, and his unemployment insurance document, showing the full names of the employer and the employee, the date of commencement and the date of termination of the contract and the wage earned by the employee on the date of such termination. |
| (10) | Contract of employment may not disregard or waive this agreement: In terms of section 199 of the Act, no employer or employee is entitled to enter into any contract of employment that permits an employee to be paid remuneration and benefits that are less than those specified in this Agreement or which allows working conditions that are less favourable than those specified in this Agreement. Any such contract shall be deemed invalid. |
