LECTURE 7

 Only if it is agreed between the employer and employee. Agreement valid for 1 year.  Overtime: ◦ Per day = no limit. Act however limit maximum working hours per day. ◦ Per week = maximum 10 hours. ◦ Collective agreement can increase overtime to 15hours for a maximum of 2months/12months.  Sunday work = overtime unless employee usually works on a Sunday.  Remuneration = ◦ 1 ½ x hourly rate OR ◦ Normal hourly rate with 30 minutes paid time off OR ◦ No additional payment only time off, only paid time off e.g.. 90minutes time off for every hour worked. Class notes are not sufficient for study purposes.

 Employer and employee agree in writing that the employee will work a maximum of 12hours per day with no overtime payment: ◦ May not work more than 5 days per week. ◦ May not exceed 45hours + 10hours overtime per week. ◦ Employee works for 3 or 4 days, but does not forfeit any payment. ◦ Employer does not have to pay overtime if hours are kept within 45hours/week. Class notes are not sufficient for study purposes.

 Collective agreement must be concluded to regulate averaging of working hours. Agreement is reviewed annually for the first 2 years.  Thereafter agreement can be concluded for an indefinite time.  Ordinary working hours may be averaged over a maximum period of 4 months.  45 hours per week normal working hours and 5 hours overtime may not be exceeded. Class notes are not sufficient for study purposes.

 One hour meal interval after 5 hours of continuous work –unpaid. ◦ Employer and employee can agree to reduce meal interval to not less than 30 minutes. ◦ Or dispense with meal interval if working hours are less that 6 hours/day.  If an employee has to be available during meal intervals – paid.  Meal interval exceeding 75minutes = payment required unless the employee lives on the premises of the employer. Class notes are not sufficient for study purposes.

 Daily = 12 hours consecutive.  Weekly = 36 hours consecutive and must include a Sunday unless otherwise agreed.  Can be varied by written agreement between the employer and employee e.g.. 60hours every 2 weeks, etc.  Persons living on the employers premises – daily rest period can be reduced to 10 hours with meal interval of 3hours. Class notes are not sufficient for study purposes.

 Remuneration = ◦ 1 ½ x ordinary hourly rate if employee usually works on a Sunday. ◦ 2 x ordinary hourly rate if the employee does not usually work on a Sunday. ◦ At least one days wage must be paid (irrespective of hours worked) or the agreed rate, which ever is the greatest. ◦ Normal hourly rate and paid time off can also be agreed.  If an employee does not usually work on a Sunday it is regarded as overtime. Class notes are not sufficient for study purposes.

 Shift = greater portion of the shift fall on a public holiday – whole shift deemed to have been worked on the public holiday.  Same rule applies to a shift worked on a normal day.  If the public holiday falls on a day which would have been a normal working day: ◦ 2 x normal daily rate; OR ◦ Normal daily rate + payment for actual time worked, which ever is the greater. Class notes are not sufficient for study purposes.

 Night work = ◦ Work between 18h00 – 06h00. ◦ Allowance per shift paid OR hours are reduced. ◦ Transportation must be available between the work premises and employees place of residence.  Night work on a regular basis = ◦ Working for more than 1 hour between 23h00 – 06h00. ◦ More than 5x per month OR 50x per year. ◦ Employer must inform employee about heath- and safety risks. ◦ Employee can request that employer do medical checks and transfer employee to suitable day work if employee has a health issue related to the night work. Class notes are not sufficient for study purposes.

 Why do we have leave?  Can you take leave whenever you want to?  Types of leave?  Duration of leave?

 21 consecutive days;  For every 12 months;  Paid;  Or calculated as 1 day/17 days worked or;  1hour /17hours  Public holidays excluded.  Leave may not be exchanged for money.  Upon termination of employment – leave must be paid out.  Forfeiture of leave?  Leave may not be taken concurrently with period of notice to terminate services or any other form of leave. Class notes are not sufficient for study purposes.

 Paid;  36-month cycle;  Entitled to number of days leave usually worked in 6 weeks;  Entitled to full complement after 6 months worked;  During first 6 months: 1day / 26 days worked.  Payment may be reduced to 75% and leave proportionally increased.  Medical certificate may be required after 2 days of absence.  Absence more than 2x in 8 weeks – certificate can be required for all absences.  If no certificate can be provided – no payment can be demanded.  Absence due to an accident or occupational illness – compensation paid ito legislation. If no compensation is paid then employee entitled to paid sick leave. Class notes are not sufficient for study purposes.

◦ Paid; ◦ 3 days of every 12 months cycle; ◦ Birth, illness death of a child / spouse / life partner / parent / grandparent / grandchild or sibling. ◦ Entitled to leave after 4 months of service if employee works more than 4 days a week. ◦ Employer may require proof of the event. ◦ Unused days does not accrue. Class notes are not sufficient for study purposes.

 Unpaid ;  4 months consecutive ;  Commences 4 weeks before birth or as required due to medical reasons;  Employee may only return to work 6 weeks after birth, unless doctor certifies her fit to do so;  Miscarriage during 3 rd trimester / still born – employee entitled to 6 weeks maternity leave.  4 weeks written notice must be given to employer as to when maternity leave will start en when employee will return to work.  Maternity benefits can be claimed ito UIF.  Paid maternity leave can be agreed by employer / Trade union.  During pregnancy and nursing the employee may not be required to do any work which may be dangerous for mother and child.  If possible alternative work must be provided during pregnancy and for 6 months after birth of the child – conditions of service must remain the same. Class notes are not sufficient for study purposes.

 Discuss in full the principles applicable on overtime, compressed working week, averaging hours of work, work on Sundays and public holidays, night work and leave.