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Labour Relations Act, 1995 (Act No. 66 of 1995)


Bargaining Council for the Motor Ferry Industry

Main Collective Agreement

9. Rest Days for Longhaul Carrier Drivers



9.1 Some long distance carrier drivers currently working a 14 day duty are entitled to a rest period of 60 hrs.


9.2 Should a 14 day duty end after 12h00 on a Wednesday, the 60 hours off commences when the tour ends and will run until 24h00 on Friday night. Any part of the rest period of 60 hours which has not expired by 24h00 on Friday night shall be the unexpired part of the rest period.


9.3 In the circumstances mentioned in clause 9.2 above, any unexpired part of the rest period which is to run between 24h00 on Friday night and 24h00 on Sunday night will not be calculated as forming part of the 60 hour rest period. This means that from 24h00 on Sunday night the unexpired part of the 60 hour rest period, if any, will continue to run until it is completed.


9.4 When the total period including the 60 hour period plus the Saturday and Sunday ends, the long distance carrier driver will be required to report for duty for the purpose of commencing his/her next 14 day tour of duty.


9.5 Long distance carrier drivers will, as at present, not be paid for the rest period on Saturday and Sunday. They will only be paid for time off taken during the week, being from 24h00 on Sunday night until 24h00 on a Friday.


9.6 The above arrangements are voluntary and long distance carrier drivers may opt to report for duty after 60 hours rest.


9.7 If a long distance carrier driver wishes to take the extra time off over a weekend (between 24h00 on a Friday night and 24h00 on a Sunday night) as contemplated above, he/she shall give at least 5 (five) working days notice before the end of the 14 day tour of duty to a designated person of the employer. If the driver is unable to contact the designated person in due time for example because he/she is out of cell phone range or has insufficient air time but he/she nevertheless wishes to take the extra rest days the employer will make reasonable efforts to accommodate such requests. In all other circumstances it will be assumed that the driver does not want to take the extra days off. A written record of those employees taking such time off will be kept.


9.8 Employers shall be entitled to schedule drivers' tours of duty so that the operational requirements of the employer are not disrupted to the extent that there are insufficient drivers to carry out planned trips.