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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 10 : Provisions applicable to particular categories of employees

62. Relief employees

 

 

1) Unless the context indicates otherwise, relief employees are bound by this clause and the remainder of this Agreement. If there is a contradiction between this clause and another clause in the Agreement, this clause prevails.

 

2) The number of relief employees employed by an employer may, on average, not exceed 30% of the employer's average monthly workforce over a 12-month period.

 

3) Relief employees must be paid -
a) not less than one-fifth of the weekly wage prescribed for employees of their class for every day on which they work for six hours or more; or
b) for six hours work if they work for less than six hours on any day; and
c) an additional premium of 10% of any wage paid in terms of paragraphs (a) or (b).

 

4) A relief employee who performs classes of work for which different wages are prescribed in Schedule 5 on any day must be paid at the highest wage for that day, plus an additional premium of 10% of such highest wage.

 

5) A relief employee who works more than 90 days in a 52 week period-
a) is no longer entitled to the 10% premium on wages prescribed in sub-clause (3)(c), but is entitled to the benefits prescribed in terms of clause 24 of this Agreement and clause 7(1)(d)(iii) of the Provident Fund Agreement;
b) must be credited with a working day for any day on which the employee works, irrespective of the number of hours worked;
c) must be paid in lieu of annual leave, an amount calculated using the following formula for every ordinary hour, or part of an hour, worked:

 

 

 

 

6) A relief employee who is employed for more than 144 days in a 52 week period must be offered a permanent position and must be remunerated accordingly.

 

7) A relief employee must be paid in cash -
a) on the last day of the employee's employment if the employee has worked for two days or less; or
b) on the normal weekly pay-day of the establishment, if the employee has worked for more than two days.

 

8) A relief employee may not work more than nine ordinary hours on any day.

 

9) A relief employee who works on a public holiday must be paid in terms of clause 15, calculated on-
a) the hourly rate prescribed for the employee's class, for each hour or part of an hour worked, with a fraction of an hour rounded up or down to the nearest full half·hour;
b) the wage specified in sub-clause (3), including the additional premium of 10%.

 

10) A relief employee who works on a Sunday must be paid in terms of clause 14.

 

11) A relief employee who works overtime must be paid in terms of clause 11, calculated on-
a) the daily total of overtime worked, with a fraction of an hour rounded up or down to the nearest full half-hour; and
b) the wage specified in sub-clause (3), including the additional premium of 10%.

 

12) Payment for overtime must be made to relief employees on the day that the overtime was performed.