Protection of Businesses Act, 1978
R 385
Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, Cape of Good HopeExtension of Main Amending Collective Agreement to Non-partiesChapter Five : Terms of Employment22. Flexible Working Hours |
| (1) | An employer and an employee may contract to work either a compressed working week or to average the hours of work. |
| (2) | Compressed working week: an agreement in writing may require or permit an employee to work up to twelve hours in a day, inclusive of the intervals required in terms of clause 23 without receiving overtime pay. |
| (3) | An agreement in terms of sub-clause (2) may not require or permit an employee to work |
| (a) | more than 45 ordinary hours of work in any week: |
| (b) | more than ten hours' overtime in any week; or |
| (c) | on more than five days in any week. |
| (4) | Averaging hours of work: the ordinary hours of work and overtime of an employee may be averaged over a period of up to four months in terms of an agreement in writing. |
| (5) | An employer may not require or permit an employee who is bound by a written agreement in terms of sub clause (4) to work more than |
| (a) | an average of 45 ordinary hours of work in a week over the agreed period. |
| (b) | an average of five hours' overtire in a week over the agreed period. |
| (6) | A written agreement in terms of sub clause (4) lapses after 12 months. |
| (7) | Sub clause (6) only applies to the first two collective agreements concluded in terms of sub clause (4). |
