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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

9. Averaging of hours of work

 

 

1) An employer and an employee may conclude a written agreement to average an employees' ordinary hours of work and overtime over a period of up to five weeks.

 

2) An employer may not require or permit an employee to work more than-
a) an average of 45 ordinary hours of work a week during the period of averaging;
b) an average of 30 hours of overtime a week over the averaged period.

 

3) An employer must adhere to the rest intervals specified in clause 6.

 

4) An employer who has entered into an agreement with employees to implement an averaging of hours of work scheme must-
a) immediately notify the National Secretary of the Council in writing of the date of implementation and the duration of the scheme; and
b) retain for a period of three years, copies of all agreements entered into with employees in terms of sub-clause (1).

 

5) Subject to sub-clause (6), an employer must credit an employee with five (5) working days for each week during which an averaging of hours of work scheme is operative.

 

6) An employer may deduct one (1) working day for each day that the employee is absent from work for reasons not specified in the proviso to the definition of "working day".