Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Electrical Industry of South AfricaExtension to Non-parties of the Main Collective AgreementPart l: Scope of Application, Definitions and General Terms and Conditions of EmploymentClause 11 - Short Time |
(1)
(a)
| (i) | 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 a shortage of work and/or material, in which case the employer shall give his employees two clear working days' notice of his intention to work short time, and shall, so far as is practicable, spread the work available among the employees affected. |
| (ii) | 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 shall be available, he shall receive not less than four hours' work or pay in lieu thereof, in respect of such day. |
(1)
(b)
| (i) | If the employer advises the employee on the working day immediately preceding the day on which he is not required to attend or if unforeseen contingencies and/or circumstances beyond the control of the employer in the event of the foregoing circumstances arise, the employer shall not be required to pay wages to his employees, except for the periods actually worked: Provided that where the employer believes that resumption of work can be effected and expressly instructs his employees to present themselves for work 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 shall not include inclement weather, except as provided for in Clause 13 of this Agreement. |
| (ii) | The employer shall within seven working days of commencement of working short time notify the Council and any representative trade union if its members are affected, thereof in writing. |
| (2) | Short shifts worked while working short time shall count as shifts actually worked in order to qualify for the paid leave referred to in this Agreement. |
| (3) | No employee shall work short time for a period exceeding 8 weeks. |
| (4) | In the event that short time is likely to exceed 8 weeks, the employer shall enter into consultations with the affected employee and/or the employee's representative trade union(s) within 6 weeks of the commencement of short time in order to seek alternatives to continued short time. |
| (5) | Any public holiday falling on any normal working day during the period of short time shall be paid in terms of Clause 25 of this Agreement. |