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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

5. Overtime and Payment for Work on Sundays

 

 

(1) Except as provided for in clause 6(5) of this Part of the Agreement, time worked by employees after the completion of the usual shifts in the establishment concerned shall be regarded as overtime and be paid for as follows:
(a) At one and one-half times the hourly rate until the usual starting time of the employee’s next normal shift: Provided that in the case of establishments working a five-day week, time worked on Saturdays shall be paid for at one and one-half times the hourly rate.
(b) Where overtime is worked after the completion of the normal hours of a shift, the employee must be allowed a rest period of at least eight hours after completing the overtime before the next normal shift starts.  Where the rest period extends into the next shift then the overlapping period into the shift shall be regarded as a paid period which the employee is not required to work.

 

(2) Whenever an employee is called out on urgent work any time after six hours of having completed his normal shift, he shall be paid at one and one-half times his hourly rate for time worked from the time he commenced work until the usual starting time of his next normal shift: Provided that an employee who is called out on urgent work shall in any case be paid at one and one-half times his hourly rate for time worked from midnight until the usual starting time of his next normal shift.

 

(3) Whenever an employee is required to report for work before the usual starting time for that day of the week, he shall be paid at one and one-half times his hourly rate for time worked until the usual starting time of the shift.

 

(4) In any case in which an employee starts work on Saturday earlier than the usual starting time at his own request, an employee working a five-day week shall be paid at one and one-half times his hourly rate, reckoned from when he starts work and an employee working a six-day week shall be paid at his ordinary hourly rate for the period of the ordinary hours of work on a Saturday and be paid thereafter as provided for in subclause (l): Provided that if the employee starts more than two hours earlier than the usual starting time, any time worked up to two hours before the usual starting time shall be paid for at one and one-half times the hourly rate of the employee. For purposes of this subclause ‘usual starting time’ means the usual starting time on an ordinary working day.

 

(5) Whenever an employee (other than an employee engaged on urgent maintenance and/or urgent repairs) works on a Sunday, he shall be paid at double the hourly rate for time worked, with a minimum payment of double the hourly rate for the hours of a normal shift: Provided that where the employer provided for work to occupy the employee for the hours of a normal shift and the employee fails or refuses to work the full period required of him, such employee shall be entitled to payment only for the period actually worked.

 

(6)
(a) Employees engaged on urgent maintenance and/or urgent repairs (referred to hereafter as ‘urgent work’) shall be paid for work on Sundays at not less than double the hourly rate for the hours worked, with a minimum payment of not less than four hours’ pay at double the hourly rate in respect of the hours worked. Where such work extends into the afternoon period, a minimum payment of eight hours at double the hourly rate shall apply.
(b) ‘Urgent work’ means and shall be limited to urgent maintenance or repair work in connection with an employer’s own plant and/or machinery and/or Sunday work in connection with ships, where such repairs are necessary to avoid delay to the ship or are essential to the proper functioning thereof.

 

(7) The provisions of this clause relating to payment for work on Sundays shall not apply in respect of shifts commencing on Sunday night in establishments working a two-shift or three-shift system, which shall be paid for as follows:
(a) For the hours worked before midnight, at one and one-half times the ordinary hourly rate, plus 15 per cent;
(b) after midnight until completion of the shift, at the ordinary hourly rate, plus 15 per cent.

 

(8) For the purposes of this clause—
(a) ‘a normal shift’ is one-fifth of the ordinary weekly hours of work of an establishment working a five-day week or one-sixth of the ordinary weekly hours of work of an establishment working a six-day week;
(b) ‘usual starting time’ means the starting time on an ordinary working day.
(c) ‘overtime payment’ shall be made in accordance with clause 5(1)(a); and
(d) Unless otherwise agreed overtime shall be worked on a voluntary basis.

 

(9) Notwithstanding the provisions of subclause (1), where in any one week an employee absents himself from work during any or all of the ordinary hours of a shift or shifts observed in the establishment concerned, such ordinary hours not worked by the employee shall be deducted from the hours of overtime worked and the hours so deducted shall be paid for at the employee’s ordinary rate:  Provided that—
(a) if the number of ordinary hours of work on which the employee is absent in any one week is in excess of the number of overtime hours worked, all such overtime hours shall be paid for at the employee’s ordinary hourly rate; and
(b) where an employee is absent from work with the permission of his employer or absent on account of sickness in accordance with clause 34 or circumstances beyond his control, the provisions of this subclause shall not apply and the overtime hours worked in such case shall be paid for at the overtime rate applicable to the overtime hours worked:  Provided that an employer may call on an employee for a medical certificate in proof of cause of absence.

Payment under this subclause shall be made as provided for in clause 8 of this Part of the Agreement.”

 

(10) Notwithstanding the provisions of subclause (1), where in any one week an employee absents himself from work during any or all of the ordinary hours of a shifts observed in the establishment concerned, such ordinary hours not worked by the employee shall be deducted from the hours of overtime worked. The hours so deducted shall be paid for at the employee’s ordinary rate and shall be regarded as ordinary hours worked for the purpose of calculating the contributions to be submitted to the Engineering Industries Pension Fund, the Metal Industries Group Pension Fund, Metal Industries Provident fund and the National Bargaining Council the Iron, Steel, Engineering and Metallurgical Industry Sick Pay Fund in terms of the Agreements regulating these Funds: Provident that
(a) the provisions of this clause shall not apply to hours worked by an employee on a Sunday; and
(b) where an employee is absent from work with the permission of his employer or absent on  account of sickness in accordance with clause 34 or circumstances beyond his control, the provisions of this subclause shall not apply and the overtime hours worked in such case shall be paid for at the overtime rate applicable to the overtime hours worked: Provided that an employer may call on an employee for a medical certificate in proof of cause of absence.

Payments under this subclause shall be made as provided for in clause 8 of this Part of the Agreement.”