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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

6. Shift Work

 

 

(1) Night-shift work shall be paid for at the ordinary hourly rate applicable, plus 15 per cent.

 

(2) In order to be on night-shift work an employee must work three or more consecutive nights between 18:00 on Monday and 06:00 on Saturday of the same week, except in marine work where any three or more nights worked consecutively may constitute night-shift work.

 

(3) Not less than six hours shall elapse between the employment of an employee on night shift and on day shift: Provided that an employee may work during such interim period of six hours if overtime is paid at one and one-third times the ordinary hourly rate.

 

(4) In establishments working a two-shift system or three-shift system, payment shall be as follows:
(a) Two-shift system:
(i) Work ordinarily performed on the shift commencing in the morning shall be paid for at ordinary hourly rates: Provided that if the shift commences before 06:00, time worked prior to 06:00 shall be paid for at the ordinary hourly rate, plus 15 per cent;
(ii) work ordinarily performed on the second shift shall be paid for as follows:
(aa) When the hours for the complete shift fall wholly within any period from 18:00 to 06:00, at the ordinary hourly rate plus 15 per cent;
(ab) When the hours for the complete shift do not fall wholly within any period from 18:00 to 06:00, at the ordinary hourly rate, plus 8 per cent, until midnight, and after midnight, at the ordinary hourly rate, plus 15 per cent.”

 

(b) Three-shift system:

Work ordinarily performed on the—

(i) second shift, shall be paid for at the ordinary hourly rate, plus 8 per cent;
(ii) third shift, shall be paid for at the ordinary rate, plus 15 per cent.
(c) The employer and employee(s) will by mutual arrangements agree on how work performed on Sundays and public holidays will be paid.  A copy of the Agreement will be lodged with the Regional Council.

In the absence of such an Agreement, work performed on a Sunday and on a Public Holiday will be paid in accordance with sections 5 and 11 of this Agreement.”

 

(5) Time worked by employees on shift systems after the completion of the usual shift in the establishment concerned shall be regarded as overtime and be paid for as follows:
(a) At one and one-half times the increased hourly rate;

For the purposes of the above, ‘increased hourly rate’ means the ordinary hourly rate plus the amount per cent payable thereon at the concluding time of the shift.  (Substituted by R.1082 dated 16 August 2002)

 

(6) Notwithstanding the provisions of subclause (5), 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 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.

 

(7) Notwithstanding the provisions of subclause (5), 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.  The hours so deducted shall be paid for at the employee’s ordinary rate and shall be regarded as ordinary hours worked for the purposes of calculating the contributions to be submitted to the Engineering Industries Pension Fund, the Metal Industries Provident Fund and the National Bargaining Council for the Iron, Steel, Engineering and Metallurgical Industry Sick Pay Fund in terms of the Agreements regulating these Funds: Provided that—

(a)        the provisions of this subclause 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 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.

(8) An employer may only require or permit an employee to perform night work (meaning work performed after 18h00 and before 06h00 the next day) if transportation is available between the employee’s place of residence and the workplace at the commencement and conclusion of the employee’s shift.

[Subclause 8 inserted by Government Notice R. 268 dated 12 April 2013]