Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesMotor Industry Bargaining Council (MIBCO)Extension to Non-Parties of the Main Collective AgreementDivision AClause 3: Particulars of Employment and Remuneration3.1. Presumptions |
An employee shall be deemed to be working in the employ of an employer, in addition to any period during which he is actually so working, during—
| (1) | any period during which, in accordance with the requirements of his employer, he is present at or in any establishment; |
| (2) | any other period during which he is present at or in any such establishment; |
| (3) | any period during which he is in charge of any vehicle used in the industry , whether or not it is being driven; |
| (4) | the whole of any interval in his work if he is not free to leave the premises of his employer for the whole of such interval;or |
| (5) | the whole of any interval in his work if the duration of such interval is not shown in the records required to be kept in terms of clause 12 of the Administrative Collective Agreement. |
Provided that, if it is proved that any such employee was not working and was free to leave the premises during any part of any period referred to in paragraphs (2), (3), (4) or (5), the presumption established by this clause shall not apply in respect of such employee with reference to that part of such period.