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

Notices

Bargaining Council for the Furniture Manufacturing Industry

KwaZulu Natal

Extension to Non-Parties of the Main Collective Agreement

Part 1

7. Ordinary Hours of Work

 

(1) Save if otherwise provided in this Agreement, no employer shall require or permit an employee to work for more than;
(a) 44 ordinary hours per week, excluding;
(i) meal intervals ; and
(ii) employees exclusively employed in the delivery of goods or messages.
(b) The daily ordinary hours of work shall be—
(i) Establishments working a five day week;

- Monday to Friday eight hours 48 minutes per day;

(ii) Establishments working a six day week;

- eight hours a day, Monday to Friday ;

- four hours on Saturday.

(c) Subject to sub-clause 7(3) below all hours of work by a driver on any one day shall be consecutive.

 

(2) Meal Intervals
(a) An employer must give an employee who works continuously for more than five hours a meal interval of no less than 30 minutes.
(b) A meal interval need not be given to an employee who works fewer than six hours in any one day.

 

(3) Morning and Afternoon Intervals

Every employee shall be given an interval of 10 minutes in the morning and afternoon and a further 10 minutes when working overtime in excess of one hour, which shall be regarded as time worked.

 

(4) Caretakers / Watchmen
(a) The provisions of clause 6 shall not apply to a caretaker or a watchman whose employer grants him a day of 24 consecutive hours off in respect of every week of employment: Provided that;
(i) no deduction from the caretaker / watchman shall be made in respect of the time off;
(ii) the employer may, in lieu of such day off, pay such caretaker or watchman the wage he would have received if he had worked on such day of not less than double his daily wage in respect of such day not granted.

 

(5) Every employer shall display in his establishment in an accessible place a notice, the starting and finishing time of work each day of the week, including the meal intervals in the morning and afternoon.

 

(6) Shift Work

The following shall apply to shift work:

(a) A normal shift shall be eight hours and 48 minutes per day or 44 hours per week.
(b) At least six hours shall elapse between successive shifts of an employee;
(c) An employee shall be paid a 15% allowance calculated at the normal rate of pay for every hour or part of hour worked, irrespective whether such shift is a second shift, or night shift and the commencing time thereof.
(d) In the event that a major part of a shift is worked on a paid public holiday, such shift shall be regarded as being worked on a paid public holiday.
(e) In the event that a lesser part of a shift is worked on such day as contemplated in sub -clause 6(d) above, such shift shall be regarded as being worked on a normal week day.
(f) Time worked by an employee after the completion of his normal shift shall be overtime and be remunerated accordingly.
(g) A separate return in the form specified by the Council from time to time, shall be submitted by the employer, in respect of each shift worked.

 

(7) Drivers and Vehicle Crew
(1) The ordinary hours of work for drivers and crew shall not exceed 44 hour in one week.
(2) The daily ordinary hours of work shall be as prescribed under clause 7(1)(b).
(3) Regular daily shift commencement times shall be fixed and regulated by individual employers: Provided that no employer shall change any regular shift commencement time of—
(i) vehicle crew employees, unless the employer has served the employees so affected with at least 12 hours' prior verbal notice of such change;
(ii) non-vehicle crew employees who have been in the employ of an employer on the same shift configuration for 26 weeks or longer unless the employer has notified and consulted with the employees, or their representatives, on any changes at least seven days in advance.
(4) Subject to the meal intervals as prescribed in clause 7(2), all hours worked on any day shall be consecutive and be regarded as one completed shift.
(5) In the event that a major part of a shift is worked on a Saturday, Sunday or paid public holiday, such shift shall be regarded as being worked on such day.
(6) An employer may change the working week commencement time and date of an employee by giving at least one' week written notice of such change.
(7) Rest intervals
(a) An employer shall not require or permit an employee to work so that he has less than nine consecutive hours of rest in any one period of 24 hours, calculated from the time the employee commences work on any day.
(b) An employer shall grant meal intervals as nearly as practicable, as prescribed under this Clause.