| 1. | The maximum ordinary hours of work that an employer may require an employee to work are 45 hours per week of seven working days, as follows:— |
Mondays to Fridays: Hours of work not to exceed nine per day between 07:00 and 19:00.
Saturdays and Sundays: Hours of work not to exceed nine per day between 07:00 and 18:00.
| 2. | Ordinary hours of work are consecutive. |
| 3. | Ordinary hours of work are exclusive of meal intervals. |
| 7.4 | In the event of a part-time learner (who is under a formal learnership agreement) spending a day or part thereof at college, it will be regarded as a normal working day forming part of the 45 hour working week. |
[GG34159, Government Notice No. 283 inserted the above subclause. Please note that the numbering convention in the amendment notice differs from the original agreement.]
| (a) | For establishments located in a mall as well as those governed by lease agreements within a retail operation, “night work” means work performed after 22:00 and before 08:00 the next day. |
| (b) | For independent establishments “night work” means work performed after 19:00 and before 07:00 the next day. For the purposes of this subclause the term “independent establishment” means an establishment that is not located in a mall and or an establishment that is not governed by a lease agreement within a retail operation. |
| (c) | An employer may only require or permit an employee to perform night work, if so agreed, and if:— |
| (i) | the employee who is working for an establishment located in a mall and/or for one that is governed by a lease agreement within a retail operation, is compensated by the payment of double of the wage/salary rate for ordinary hours of work and that an employee who is working for an independent establishment is compensated by the payment of time and a third of the wage/salary rate for ordinary hours of work and |
| (ii) | transportation is available between the employee"s place of residence and the workplace at the commencement and conclusion of the employee"s shift. |
| (d) | An employer who requires an employee to perform work on a regular basis after 23:00 and before 06:00 the next day must— |
| (i) | inform the employee in writing, or orally if the employee is not able to understand a written communication, in a language that the employee understands:— |
| (1) | of any health and safety hazards associated with the work that the employee is required to perform; and |
| (2) | of the employee"s right to undergo a medical examination in terms of paragraph (ii) below; |
| (ii) | at the request of the employee, enable the employee to undergo a medical examination, for the account of the employer, concerning those hazards:— |
| (1) | before the employee starts, or within a reasonable period of the employee starting, such work; and |
| (2) | at appropriate intervals while the employee continues to perform such work; and |
| (iii) | transfer the employee to suitable day work within a reasonable time if:— |
| (1) | the employee suffers from a health condition associated with the performance of night work; and |
| (2) | it is practicable for the employer to do so. |
| (e) | For the purposes of subclause 7.5(d), an employee works on a regular basis if the employee works for a period of longer than one hour after 23:00 and before 06:00 at least five times per month or 50 times per year. |
| (f) | The Minister may, after consulting the Commission, make regulations relating to the conduct of medical examinations for employees who perform night work. |
[GG34159, Government Notice No. 283 inserted the above subclause. Please note that the numbering convention in the amendment notice differs from the original agreement.]
