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

Notices

National Bargaining Council for the Electrical Industry of South Africa

Extension of Consolidated Main Collective Agreement to Non-Parties

Part 1: Scope of Application, Definitions, General Terms and Conditions of Employment

8. Overtime and Payment for Work on Sundays and Public Holidays
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(1) Unless otherwise authorised by the Council, the maximum overtime that may be worked, including work on Sundays, shall not exceed 10 hours per week.

 

(2) Overtime shall be voluntary and any employee who works any time in excess of or outside the hours prescribed in clause 7 of this Agreement shall be paid at the rate of—
(a) one and a half times his hourly rate of wages for every hour or part of an hour worked after ordinary hours of work on any day from Monday to Friday or for every hour or part of an hour for all hours worked on a Saturday.
(b) double his hourly rate of wages for every hour or part of an hour for all hours worked on a Sunday,
(c) for paid public holidays which fall on a day on which the employee would ordinarily work in terms of clause 23(1)(b) of this Agreement, his full day's wages plus his normal hourly rate of wages for every hour or part of an hour for the actual time worked on that day,
(d) for paid public holidays which fall on a day on which the employee would not ordinarily work, double his hourly rate of wages for every hour or part of an hour for all hours worked,
(e) "Notwithstanding the provisions of sub-clause (2) (a) to (d) of this clause an employee earning in excess of the earnings threshold as published by the Minister of Labour in terms of Section 6(3) of the Basic Conditions of Employment Act (75/1997) - [Earnings Threshold Determination], as amended from time to time, shall not be entitled to be paid overtime unless mutually agreed to with his employer."

 

(3) Notwithstanding the provisions of sub-clause (1) of this clause, where in any one week an employee absents himself from work during any or all of the ordinary hours of work as prescribed in clause 7 hereof, such ordinary hours not worked by the employee shall be deducted from the hours of overtime worked and the hours so deducted shall be paid for at the employee's ordinary rate: Provided that—
(i) 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 paid for at the employee's ordinary hourly rate,
(ii) any overtime worked on a Saturday shall be deemed to be included for the purposes of this sub-clause,
(iii) where an employee is absent from work with the permission of his employer or absent on account of sickness or circumstances beyond his control, the provisions of this sub-clause shall not apply, and the overtime hours worked in such case shall be paid for at the overtime rate applicable to the overtime hours worked: Provided that any employer may call on an employee for a medical certificate in proof of cause of absence.

 

(4) Any employee who is aggrieved by the application to him of any of the provisions of sub-clause (2) hereof may appeal to the Council against the decision applied to him, and the Council may, after considering any reasons which may be submitted for such decision, confirm that decision or give such other decision as in its opinion ought to have been given in such case.