lecture 7. only if it is agreed between the employer and employee. agreement valid for 1 year. ...

BCEALECTURE 7

Working overtime??

Class notes are not sufficient for study purposes.

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.

Overtime


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.

Compressed working week


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.

Averaging of hours of work


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.

Meal intervals

Overtime for this one?


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.

Rest periods


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.

Work on Sundays


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.

Public Holidays


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.

Night work

Let me out after work!

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

LEAVE


Annual 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.


Sick Leave 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.


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.


Maternity Leave 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 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 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.

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.

OUTCOMES

lecture 7. only if it is agreed between the employer and employee. agreement valid for 1 year. ...

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