BCEA 2 LECTURE 5

Overtime Only if it is agreed between the employer and employee. Agreement valid for 1 year (if agreed within first 3 months of service). Overtime: Per day = no limit. Act however limit maximum working hours per day. Per week = maximum 10 hours. Collective agreement can increase overtime to 15h for a maximum of 2 months in a 12 month period. 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.

Compressed working week 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.

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

Meal intervals 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. Meal intervals are unpaid hours. 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.

Rest periods 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.

Work on Sundays ONLY by agreement. Remuneration = 1½ 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, whichever 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.

Public Holidays 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. 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. Class notes are not sufficient for study purposes.

Night work Night work = Night work on a regular basis = 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 for 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.

LEAVE: Annual leave 21 consecutive days for every 12 months; Or calculated as 1 day/17 days worked or; Must be granted within first 6 months after cycle; Paid on the last working day before leave period / normal payday; Public holidays excluded. Leave may not be exchanged for money. Upon termination of employment – leave must be paid out. 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.

Sick Leave Paid 36-month cycle; Entitled to number of days leave usually worked in 6 week period; Entitled to full complement anytime during cycle - after 6 months worked; During first 6 months: 1day / 26 days worked. Payment may be reduced to 75% and leave proportionally increased. Class notes are not sufficient for study purposes.

. Medical certificate: may be required after 2 days of absence or an absence more than 2x in 8 weeks. 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.

Maternity Leave 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 3rd 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 leave is UNPAID leave Payment can be claimed from the UIF. Class notes are not sufficient for study purposes.

Family responsibility leave 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.

OUTCOMES 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.