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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

14. Sunday work

 

 

1) Whenever an employer requires an employee to work on a Sunday, the employer must-
a) pay the employee not less than double the hourly rate prescribed for the employee's class for each hour, or part thereof, worked; or
b) grant the employee paid time off in lieu of payment for Sunday work.

 

2) In calculating the pay due to an employee who is required to work on a Sunday-
a) an employee who works less than six hours is deemed to have worked for six hours;
b) if a working day worked falls partly on a Sunday and partly on another day, the whole day is deemed to have been worked on the Sunday, unless the greater portion of the day was worked on the other day, in which case the whole day is deemed to have been worked on that other day.

 

3) An employer who intends implementing a scheme of paid time off in lieu of Sunday pay must-
a) give the affected employees written notice of 72 hours;
b) notify the National Secretary of the Council in writing of the anticipated date of implementation and approximate duration of the scheme;
c) retain copies of all notices issued to employees in terms of paragraph (a) for a period of three years after issue; and
d) retain copies of all agreements entered into in terms of sub-clause (5)(b) for a period of three years.

 

4) An employer who implements a scheme of paid time off in lieu of Sunday pay must grant an employee who works on a Sunday paid time off equivalent to the difference in value between the pay actually received by the employee for working on the Sunday and the pay to which that employee is entitled in terms of sub-clause (1).

 

5) An employer must grant paid time off in terms of sub-clause (4) within-
a) 30 days of the employee becoming entitled to the paid time off; or
b) with the written agreement of the employee, within 52 weeks of the employee becoming entitled to the paid time off.

 

6) Paid time off in lieu of payment for time worked on a Sunday may not be granted during a compressed working week.