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

Notices

National Bargaining Council for the Clothing Manufacturing Industry

Main Collective Agreement

Part A : Provisions for the Eastern Cape Region

7. Hours of Work

7.1 Ordinary Hours of Work

 

 

(1) No employer shall require or permit an employee—
(a) to work for more than 42 hours, excluding meal times, in any one week, which may however be comprised of either a five or six-day working week; or
(b) to work on a Saturday, unless his establishment is working a six-day week;
(c) in establishments working a six-day week, to work later than 12:30 on Saturday: Provided that the working hours performed from Monday to 12:30 Saturday (inclusive) do not exceed 42 in all; or
(d) to work on a Sunday without the permission of the Council;
(e) to work in a five-day week for more than eight and a half hours on any one day: Provided that the working hours performed from Monday to Friday, inclusive, do not exceed 42 in all; or
(f) to work in a six-day week for more than—
(i) eight hours on any one day during the period Monday to Friday, inclusive;
(ii) two and a half hours or beyond the hours of 12:30 on a Saturday; or
(g) to work before 07:45 or after 18:00 during the period Monday to Friday, inclusive, or before 07:45 on Saturdays.

 

(2) For the purposes of subclause 7.1 (1) (a), an employee who does not work on any holiday referred to in subclause 8.1 (2) or who on such holiday works less than his average ordinary working hours for that day of the week in which such holiday falls, shall be deemed to have worked his average ordinary working hours on that day.

 

(3) Notwithstanding the provisions of subclause 7.1 (1) (g), an employee engaged on shift work on embroidering or pleating machines may be permitted to commence work earlier than 07:45 but not earlier than 06:00, and the second shift worked on any one day may extend beyond 18:00: Provided that an employee on such shift work shall not be required or permitted to work after 22:00.

 

(4) The provisions of this clause shall not apply to a watchman whose hours of work do not in total exceed 72 hours per week and whose employer grants him a day off of 24 consecutive hours in respect of every week of employment: Provided that—
(i) he makes no deductions from the watchman's wage in respect thereof;
(ii) the employer may, in lieu of granting his watchman any such day off, pay such watchman the wage which he would have received if he had not worked on such day, plus an amount of not less than double his daily wage in respect of such day not granted.