Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Metal and Engineering IndustriesConsolidated 2021/2025 Plastic Industry Main Collective AgreementChapter 25. Overtime and Payment for Work on Sundays |
| (1) | Time worked by employees after the completion of the usual shifts in the establishment concerned shall be regarded as overtime and be remunerated at one and one-half times the hourly rate subject to the shift system in use. |
| (2) | Subject to Clause 4(1) and Clause 9 (Reduction and Increase of working hours) overtime shall be voluntary, the maximum overtime that may be worked in any week, including Sundays, shall not exceed 10 hours per week unless excessive overtime is authorised by the Council but will not exceed 32 hours per week. The overtime exemption may not exceed a period of six (6) months. |
| (3) | Where overtime is worked after the completion of the normal hours of a shift the employee shall be allowed a rest period of at least eight hours after completing the overtime before the next normal shift starts. |
| (4) | If an employee is required to report for work before the usual starting time for that day of the week, he shall be paid at one and one-half times his hourly rate for time worked until the usual starting time of the shift. |
| (5) | Subject to sub-clause 4(1) and Clause 9 (Reduction and Increase of working hours), if an employee (other than an employee engaged on urgent maintenance, compressed working weeks and/or urgent repairs) works on a Sunday, he shall be paid at double the hourly rate for time worked, with a minimum payment of double the hourly rate for the hours worked: provided that where the employer provided work to occupy the employee for the hours of a normal shift and the employee fails or refuses to work the full period required of him, such employee shall only be entitled to payment for the period actually worked at ordinary rates of pay. |
| (6) | An employee employed in an enterprise observing the provisions as defined in sub-clause 4(1) will be entitled to be paid at 1.5 times of normal rates if he/she is required to perform work n the 5th consecutive shift (unscheduled shift) and at 2x normal rates if such employee is required to perform work on the 6th consecutive shift (unscheduled shift) irrespective the calendar day. |
| (7) | Notwithstanding the provisions of sub-clause (1), where in any one week an employee absents himself from work during any or all of the ordinary hours of a shift or shifts observed in the establishment concerned, such ordinary hours not worked by the employee shall be deducted from the hours of overtime worked and the hours so deducted shall be remunerated at the employee's ordinary rate of pay: Provided that— |
| (a) | if the number of ordinary hours of work on which the employee is absent in any one week is in excess of the number of overtime hours worked, all such overtime hours shall be remunerated at the employee's ordinary hourly rate of pay; and |
| (b) | where an employee is absent from work with the permission of his employer or absent on account of certified sickness or circumstanced beyond his control, the provisions of this sub-clause shall not apply and the overtime hours worked in such case shall be remunerated at the overtime rate applicable to the overtime hours worked: Provided that an employer may call on an employee for a medical certificate or any other proof of cause of absence. Payment under this subsection shall be made as provided for in Clause 6 of this Agreement. |