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

Notices

Bargaining Council for the Motor Ferry Industry

Extension to non-parties of the Main Collective Agreement

8. Hours of Work

 

8.1 The ordinary hours of work of an employee shall not exceed forty-five (45) hours in any week. Regular daily shift commencement times shall be regulated by individual employers.

 

8.2 Meal intervals: An employer shall not require or permit an employee to work for longer than five hours continuously without a meal interval of not less than one hour, during which interval the employee shall not be required or permitted to perform any work and such interval shall not form part of the ordinary hours of work or overtime: Provided that the period of five  hours may be extended to not more than seven hours for the purpose of loading or unloading a vehicle: Provided further that—
8.2.1 such interval may be reduced to not less than half an hour by written agreement between an employer and his/her employee;
8.2.2 periods of work interrupted by intervals of less than one hour, except when proviso 9.2.1 or 9.2.5 applies, shall be deemed to be continuous;
8.2.3 if such interval is longer than one (1) hour, any period in excess of one and quarter hours shall be deemed to be time worked;
8.2.4 only one such interval during the ordinary hours of work of an employee on any day shall not form part of the ordinary hours of work; and
8.2.5 when on any day, by reason of overtime worked, an employer is required to give an employee a second meal interval, such interval may be reduced to not less than fifteen (15) minutes.

 

8.3 Rest intervals: An employer shall not require or permit an employee to work so that he/she has less than nine consecutive hours for rest in any period of twenty-four (24) hours, calculated from the time the employee commences work on any day.

 

8.4 An owner-driver who is an employer shall observe the same hours of work and limitations as are prescribed herein for an employee.

 

8.5 Compressed working week: Employers may by agreement schedule and require employees to work up to twelve (12) hours a day, inclusive of meal intervals, without overtime pay.

 

8.6 Averaging of hours of work: Ordinary hours of work and overtime may be averaged over a period of up to four months by collective agreement.