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

Notices

Bargaining Council for the Hairdressing Trade (Cape Penninsula)

Main Collective Agreement

7. Hours of Work

 

 

1. The maximum ordinary hours of work that an employer may require an employee to work are 45 hours per week of seven working days, as follows:—

Mondays to Fridays: Hours of work not to exceed nine per day between 07:00 and 19:00.

Saturdays and Sundays: Hours of work not to exceed nine per day between 07:00 and 18:00.

 

2. Ordinary hours of work are consecutive.

 

3. Ordinary hours of work are exclusive of meal intervals.

 

7.4 In the event of a part-time learner (who is under a formal learnership agreement) spending a day or part thereof at college, it will be regarded as a normal working day forming part of the 45 hour working week.

[GG34159, Government Notice No. 283 inserted the above subclause. Please note that the numbering convention in the amendment notice differes from the original agreement.]

 

7.5 NIGHT WORK
(a) For establishments located in a mall as well as those governed by lease agreements within a retail operation, “night work” means work performed after 22:00 and before 08:00 the next day.
(b) For independent establishments “night work” means work performed after 19:00 and before 07:00 the next day. For the purposes of this subclause the term “independent establishment” means an establishment that is not located in a mall and or an establishment that is not governed by a lease agreement within a retail operation.
(c) An employer may only require or permit an employee to perform night work, if so agreed, and if:—
(i) the employee who is working for an establishment located in a mall and/or for one that is governed by a lease agreement within a retail operation, is compensated by the payment of double of the wage/salary rate for ordinary hours of work and that an employee who is working for an independent establishment is compensated by the payment of time and a third of the wage/salary rate for ordinary hours of work and
(ii) transportation is available between the employee's place of residence and the workplace at the commencement and conclusion of the employee's shift.
(d) An employer who requires an employee to perform work on a regular basis after 23:00 and before 06:00 the next day must—
(i) inform the employee in writing, or orally if the employee is not able to understand a written communication, in a language that the employee understands:—
(1) of any health and safety hazards associated with the work that the employee is required to perform; and
(2) of the employee's right to undergo a medical examination in terms of paragraph (ii) below;
(ii) at the request of the employee, enable the employee to undergo a medical examination, for the account of the employer, concerning those hazards:—
(1) before the employee starts, or within a reasonable period of the employee starting, such work; and
(2) at appropriate intervals while the employee continues to perform such work; and
(iii) transfer the employee to suitable day work within a reasonable time if:—
(1) the employee suffers from a health condition associated with the performance of night work; and
(2) it is practicable for the employer to do so.
(e) For the purposes of subclause 7.5(d), an employee works on a regular basis if the employee works for a period of longer than one hour after 23:00 and before 06:00 at least five times per month or 50 times per year.
(f) The Minister may, after consulting the Commission, make regulations relating to the conduct of medical examinations for employees who perform night work.

[GG34159, Government Notice No. 283 inserted the above subclause. Please note that the numbering convention in the amendment notice differes from the original agreement.]