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

Notices

Bargaining Council for the Metal and Engineering Industries

Main Collective Agreement

Part 1 : Conditions of Employment

38. Working-In Time Arrangements

 

(1) For purposes of this clause ‘employees covered by this Agreement’ shall, in addition to all scheduled employees, include employees referred to in subclauses (4) and (5) of clause 1 of Part I of this Agreement.

 

(2) An employer, with the support of not less than 75% of his employees covered by this Agreement, obtained via a ballot, may enter into an arrangement to work in time in order to achieve the extension with pay of—

(a)        any paid holiday provided for in clause 11 of this Agreement; or

(b)        periods not ordinarily worked by employees; or

(c)        the annual shutdown period provided for in clause 16 of this Agreement.

 

(3) An employer, subject to the ballot arrangement referred to in subclause (2), may enter into an arrangement to close his establishment—

(a)        on any ordinary working day; or

(b)        for any period of work forming part of any ordinary working day.

 

(4) Where arrangements to work in time, as referred to in subclause (2) or (3), are entered into such arrangements shall not include working in time on Sundays.

 

(5) Where employment terminates before the date for which time had been worked in, in terms of subclause (2) or (3), all hours so worked shall be deemed to be overtime hours subject to payment at the appropriate overtime rate applicable.

 

(6) Time worked in by employees in terms of subclause (2) or (3) shall count towards leave pay and/or leave enhancement pay entitlements as provided for in clauses 12 to 14.

 

(7) Where such working-in time arrangements are entered into the employer shall notify the Regional Council concerned thereof within 14 days of such decision, specifying—

(a)        the outcome of the ballot;

(b)        the day/days for which time will be worked in;

(c)        the day/days on which such time will be worked in.

 

 


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