Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Metal and Engineering IndustriesConsolidated 2021/2025 Plastic Industry Main Collective AgreementChapter 29. Reduction or Increase of Working Hours |
| (1) | An employer may require his employees to work for a lesser number of hours than the ordinary hours of work of his establishment, owing to any one of the following— |
| (a) | a shortage of work and/or materials in which case an employer shall give his employees, trade union/s involved and the Regional Office of the MEIBC five calendar days' notice of his intention to work short-time, and he shall, so far as is practicable, spread the work available among the employees affected. Where the employee is expressly required by the employer to report at the establishment on any one day for the purpose of ascertaining if work will be made available, such an employee shall receive not less than four hours' work or pay in lieu thereof, in respect of such day. If the employee is not required to attend the establishment, the employer shall advise the employee on the working day immediately preceding the day on which he is not required to attend; or |
| (b) | unforeseen contingencies and/or circumstances beyond the control of the employer. If the aforementioned circumstances arise, an employer shall not he required to pay wages to his employees, except for the periods actually worked: provided that if the employer believes that work may be resumed and he expressly instructs his employees to present themselves for employment on a particular day, they shall receive not less than four hours' work or pay in lieu thereof, in respect of such day. Unforeseen contingencies and/or circumstances beyond the control of the employer referred to in this paragraph include Regulations and Directions published in terms of the Disaster Management Act and shall not include inclement weather unless declared a disaster. |
| (2) | The hours worked whilst working short time shall count towards the leave and leave enhancement entitlement of Employees. |
| (3) | An employer shall notify the Regional Council and trade union/s (if applicable) in the area concerned of the working of short-time— |
| (a) | in terms of subsection (1)(a) above, at the same time as the employees are notified; and |
| (b) | in terms of subsection (1)(b) above, within seven days of the occurrence which led to the working of short-time. |
| (4) | In the event of unforeseen increase in orders the hours of work or amount of days per week may be increased to accommodate for the additional hours required by giving no less than 48 hours' notice (excluding Saturdays and Sundays) to employees, trade union/s and the Council. In applying the aforesaid the employer will observe the following: |
| (a) | The additional hours worked will be paid at the applicable overtime rates; |
| (b) | The notice to the employees and the Council must contain the reason for the additional hours and the estimated period of the increased working hours; |
| (c) | The work must be spread amongst all employees as far as practicably possible; and |
| (d) | May not exceed a period of 6 weeks at a time. |