NORMAL AND OVERTIME HOURS POLICY

Transcription

1 Normal and Overtime Policy Page 1 of Definitions: NORMAL AND OVERTIME HOURS POLICY earnings means gross pay before deduction i.e. income tax, pension, medical and similar payments but excluding similar payments (contributions) made by the employer in respect of the employee. 1 ordinary hours of work means the hours of work permitted in terms of clause 2. overtime means the time that an employee works during a day or a week in excess of ordinary hours of work. 2. Ordinary Hours of Work No employee may be permitted to work more than--- (a) (b) (c) 45 hours in any week; and nine hours in any day if the employee works for five days or fewer in a week; or eight hours in any day if the employee works more than five days in a week. 3. Overtime 2 An employee may not be allowed or permitted to work (a) overtime except in accordance with an agreement;(the agreement must conclude when the employee commences employment or during the first three months. The agreement must be renewed after one year 3 ) (b) more than ten hours overtime a week. Provided that an agreement may not require or permit an employee to work more than 12 hours on any day. 4. Calculation of remuneration and wages For the purpose of calculating the wage of an employee by time, an employee is deemed ordinarily to work (a) 45 hours in a week, unless the employee ordinarily works a lesser number of hours in a week; 1 GG 14 March 2003, Notice s 10 of Act 75 of s10(5) of Act 75 of s 35 of Act 75 of 1997

2 Normal and Overtime Policy Page 2 of 13 (b) nine hours in a day, or seven and a half hours in the case of an employee who works for more than five days a week, or the number of hours that an employee works in a day in terms of an agreement concluded, unless the employee ordinarily works a lesser number of hours in a day. 4.2 An employee s monthly remuneration or wage is four and onethird times the employee s weekly remuneration or wage, respectively Remuneration for overtime worked 6 No employee will be remunerated for overtime worked, unless such overtime has been authorised by his or her section head, or is required in terms of a roster. An employee will be paid- paid one and one-half times the employee s wage for overtime worked; or paid not less than the employee s ordinary wage for overtime worked and be granted at least 30 minutes time off on full pay for every hour of overtime worked; or granted at least 90 minutes paid time off for each hour of overtime worked. 6. Calculation of Overtime Remuneration The employees hourly rate plus the overtime rate of pay equals the overtime remuneration. 7. Exemptions Managers, sub-managers, senior managerial and administrative personnel, technical and professional personnel if the said employees are in receipt of a regular annual earning in excess of R per annum. 7 Aside from the exemption from overtime remuneration, employees who are in receipt of a regular annual earning in excess of R per annum (or any amount regulated by Government Gazette from time to time regarding the Earnings Threshold) are further exempt from the 5 s 35(3) of Act 75 of s 10(2) of Act 75 of see footnote 1 above

3 Normal and Overtime Policy Page 3 of 13 following provisions of the Basic Conditions of Employment Act, no 75 of Section of the Basic Conditions of Employment Act Sections 9 Sections 10 Sections 11 Sections 12 Sections 13 Sections 14 Sections 15 Sections 16 Sections 17 Sections 18(3) Topic Ordinary Hours of Work Overtime Compressed Working Week Averaging Hours of Work Determination of Hours of Work by Minister Meal Intervals Daily and Weekly rest periods Pay for work on Sundays Night Work Public Holidays 8 see footnote 1 above

4 Normal and Overtime Policy Page 4 of 13 Agreement entered into between ("the employer / company") and ("the employees") NOW WHEREAS the Basic Conditions of Employment Act 75 of 1997 ("the Act") specifies certain terms and conditions of employment which require to be agreed between an employer and his employees, the parties have entered into an agreement in respect of the following:- 1. Work On Public Holidays (section 18) 1.1 An employer may not require an employee to work on a public holiday except in accordance with an agreement. (section 18(1)). 1.2 Due to the business and operational requirements of the Company, employees will be required to work on Public Holidays. 1.3 In terms of the Public Holidays Act (Act No. 36 of 1994), the following days are regarded as Public Holidays:-

5 Normal and Overtime Policy Page 5 of January 21 March March/April March/April 27 April 01 May 16 June 09 August 24 September 16 December 25 December 26 December New Years Day Human Rights Day Good Friday Family Day Freedom Day Worker's Day Youth Day National Women s Day Heritage Day Day of Reconciliation Christmas Day Day of Goodwill 1.4 The employee hereby agrees to work on any Public Holiday he or she is rostered to work in accordance with the business and operational requirements of the employer. 2. Exchange of Public Holidays 2.1 In terms of section 2 (2) of the Public Holidays Act, 1994 (Act No. 36 of 1994), a public holiday is exchangeable for any other day which is fixed by agreement or agreed to between the employer and the employee. 2.2 The employee and employer hereby agree to exchange the following Public Holidays for an alternative day off:- 01 January 21 March March/April March/April 27 April New Years Day Human Rights Day Good Friday Family Day Freedom Day

6 Normal and Overtime Policy Page 6 of May 16 June 09 August 24 September 16 December 25 December 26 December Worker's Day Youth Day National Women s Day Heritage Day Day of Reconciliation Christmas Day Day of Goodwill 2.3 The employee shall be remunerated for any such alternative days off as if it were a Public Holiday in terms of the Public Holidays Act, Night work 3.1 In this section, "night work" means work performed after 18:00 and before 06:00 the next day. 3.2 An employer may only require or permit an employee to perform night work, if so agreed, and if the employee is compensated by the payment of an allowance, which may be a shift allowance, or by a reduction of working hours; and transportation is available between the employee's place of residence and the workplace at the commencement and conclusion of the employee's shift. 3.3 Due to the business and operational requirements of the Company, employees will be required to perform night work. 3.4 The employee hereby agrees to perform night work for which night work, the employee will be compensated by an allowance of per month, alternatively, by a reduction of working hours per month. 4. Work on Sundays 4.1 An employee's day off, unless otherwise agreed, must include Sunday. 4.2 Due to the business and operational requirements of the Company, the employee hereby consents to work on Sundays.

7 Normal and Overtime Policy Page 7 of The employee will be compensated for work on Sundays in accordance with the provisions of the Basic Conditions of Employment Act 75 of For the purposes of this Act, the employee will be deemed to occasionally / ordinarily work on a Sunday (see Regulation 3 BCEA 1A - Summary to be kept by an employer in terms of section 30) 5. Overtime 5.1 Subject to Chapter 2 of the Act, an employer may not require or permit an employee, to work overtime except in accordance with an agreement. 5.2 Due to the business and operational requirements of the company, employees may be required to work overtime. 5.3 The employee hereby agrees to work overtime in accordance with the business and operational requirements of the company. 5.4 The employee will be compensated for overtime work in accordance with the provisions of the Act, alternatively, be granted paid time off within twelve months of the employee becoming entitled to it; 5.5 The agreement concluded in terms of this section with an employee when the employee commences employment, or during the first three months of employment, lapses after one year, and may be renewed thereafter for a further period of one (1) year. The terms of this agreement lapse twelve (12) months from date of signing this Agreement. I, the undersigned, have read and understood the contents of this agreement, and agree to the terms and conditions thereof. I am furthermore aware, that the terms and conditions of this agreement constitute material terms and conditions of my contract of employment with the Company, and any failure to comply with such terms or conditions may result in the termination of my contract of employment, whether it be on grounds of misconduct, incapacity or operational requirements of the Company. This agreement has been entered into freely and voluntarily and without duress. Signed at on this the day of 200

8 Normal and Overtime Policy Page 8 of 13 Employee(s):- Signature Signature Signature Signature Signature Signature Signed at on this the day of 200

9 Normal and Overtime Policy Page 9 of 13 Employer:- (Pty) Ltd For the Company, in his capacity as of the Company, he being duly authorised to sign this Agreement on behalf of the Company by a resolution of the Board of Directors passed on the day of 200 Note:- The parties to the Agreement may be extended to include a Trade Union, in which the appropriate amendments must be made, and references to the Trade Union included. If the employer party is a Close Corporation, Partnership, or Sole Proprietor, amend the reference to the word "Company" to reflect the correct juristic persona of the employer.

10 Normal and Overtime Policy Page 10 of 13 RENEWAL AGREEMENT IN RESPECT OF OVERTIME WORK Agreement entered into between ("the employer / company") and ("the employees") NOW WHEREAS the Basic Conditions of Employment Act 75 of 1997 ("the Act") specifies certain terms and conditions of employment which require to be agreed between an employer and his employees, and that any agreement so reached lapses after a period of twelve (12) months, the parties have entered into an agreement whereby the employee(s) agree to work overtime for a period of twelve (12) months from date of signing this Agreement. 1. Overtime 1.1 Subject to Chapter 2 of the Act, an employer may not require or permit an employee, to work overtime except in accordance with an agreement. 1.2 Due to the business and operational requirements of the company, employees may be required to work overtime. 1.3 The employee hereby agrees to work overtime in accordance with the business and operational requirements of the company. 1.4 The employee will be compensated for overtime work in accordance with the provisions of the Act, alternatively, be granted paid time off within twelve months of the employee becoming entitled to it;

11 Normal and Overtime Policy Page 11 of The agreement concluded in terms of this section with an employee when the employee commences employment, or during the first three months of employment, lapses after one year, and may be renewed thereafter for a further period of one (1) year. The terms of this agreement lapse twelve (12) months from date of signing this Agreement. I, the undersigned, have read and understood the contents of this agreement, and agree to the terms and conditions thereof. I am furthermore aware, that the terms and conditions of this agreement constitute material terms and conditions of my contract of employment with the Company, and any failure to comply with such terms or conditions may result in the termination of my contract of employment, whether it be on grounds of misconduct, incapacity or operational requirements of the Company. This agreement has been entered into freely and voluntarily and without duress. Signed at on this the day 200 Employee(s):- Signature Signature Signature Signature

12 Normal and Overtime Policy Page 12 of 13 Signature Signature Signed at on this the day of 200 Employer:- (Pty) Ltd For the Company, in his capacity as of the Company,

13 Normal and Overtime Policy Page 13 of 13 he being duly authorised to sign this Agreement on behalf of the Company by a resolution of the Board of Directors passed on the day of 200 Note:- The parties to the Agreement may be extended to include a Trade Union, in which the appropriate amendments must be made, and references to the Trade Union included.