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

National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI)

Main Collective Agreement

Part 2 : Hours of Work

12. Time off in lieu of overtime payment

 

 

1) An employer who grants an employee time off in lieu of overtime payment may either-
a) pay the employee at a rate of not less than the ordinary basic wage for the overtime worked and grant the employee at least 30 minutes' paid time off in respect of each hour of overtime worked; or
b) give the employee at least 90 minutes' paid time off for every hour of overtime worked.

 

2) An employer who intends implementing a scheme of paid time off in lieu of payment for overtime worked must-
a) give the affected employees at least 72 hours' written notice;
b) immediately notify the National Secretary of the Council in writing of the anticipated date of implementation and approximate duration of the scheme.

 

3) The paid time off referred to in sub-clause (1)-
a) may not be granted during a compressed working week;
b) must be granted within 30 days of an employee becoming entitled to that paid time off; or
c) with the written agreement of the employee, must be granted within 52 weeks of the employee becoming entitled to that paid time off.

 

4) The employer must, for a period of three years, retain copies of-
a) all notices issued in terms of sub-clause 2(a); and
b) all agreements entered into in terms of sub-clause (3)(c).