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Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension to Non-parties of the Main Consolidated Collective Agreement

Chapter Five: Terms of Employment

21. Flexible Working Hours

 

(1) An employer and an employee may contract to work either a compressed working week or to average the hours of work.

 

(2) Compressed working week: an agreement in writing may require or permit an employee to work up to 12 (twelve hours) in a day, inclusive of the intervals required in terms of clause 22 without receiving overtime pay.

 

(3) An agreement in terms of sub clause (2) may not require or permit an employee to work
(a) more than 45 (forty-five) ordinary hours of work in any week;
(b) more than 10 (ten) hours' overtime in any week; or
(c) on more than 5 (five) days in any week.

 

(4) Averaging hours of work: the ordinary hours of work and overtime of an employee may be averaged over a period of up to 4 (four) months in terms of an agreement in writing.

 

(5) An employer may not require or permit an employee who is bound by a written agreement in terms of sub clause (4) to work more than—
(a) an average of 45 (forty-five) ordinary hours of work in a week over the agreed period.
(b) an average of 5 (five) hours' overtime in a week over the agreed period.

 

(6)  A written agreement in terms of sub clause (4) lapses after 12 months.