Vaal University of Technology

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1 Vaal University of Technology INSTITUTIONAL POLICY COVER PAGE (IPCP) (Policies, Procedures, Rules, Guidelines etc.) To be completed by initiator of Policy/Policy owner: 1. POLICY TITLE: 2. FIELD OF APPLICATION: (All persons to whom policy applies) WORKING HOURS AND OVERTIME 3. COMPLIANCE OFFICER(S): (Person/s responsible for ensuring policy implementation) 4. STAKEHOLDER CONSULTATION (State the stakeholder group/s consulted during policy formulation/revision) All Stakeholders All Staff members Unions, EMC, RHRC 5. DESIGNATION OF POLICY OWNER: (Person responsible for maintaining policy) 6. NAME OF POLICY OWNER/S: Mr Cello Gardner Executive Director: Human Resources POLICY HISTORY (To be completed by policy owner) Decision Da te Status Implementation Date Approving Authority Resolution Number Policy Document Number Pending date for next revision (Compulsory) (New/Revised/ No Changes) (Compulsory if new or revised ) If new or revised. N/A if no changes) E.g. 07/ (Minute number. N/A if no changes) (e.g. D/./07 N/A if no changes) (Compulsory) New Council July 2015 SUBJECT For office use only SUBJECT NUMBER:(Refer to no. on Agenda) CATEGORY (Policy Field) CATEGORY NUMBER:(As per date of approval by IPCP NUMBER: Council) WORKING HOURS AND OVERTIME POLICY (2015) Page 1

2 TABLE OF CONTENTS 1 BACKGROUND PURPOSE SCOPE POLICY LEGISLATIVE AND POLICY FRAMEWORK DEFINITIONS POLICY GUIDELINES DISPUTE HANDLING MECHANISM... 5 WORKING HOURS AND OVERTIME POLICY (2015) Page 2

3 1 BACKGROUND The Vaal University of Technology is one of the leading universities of technology in South Africa. VUT is committed to providing a supportive working environment for its employees while supporting effective and efficient service teaching, research and service delivery. In order to achieve its mission, the Vaal University of Technology must use its resources effectively and efficiently. One of the most important resources is its employees. The manner in which working hours and overtime are scheduled allows VUT to meet the needs of the University, its students, staff and other stakeholders. 2 PURPOSE The purpose of the policy is to: prescribe guidelines regarding the hours of work applicable to the University, taking into account the needs of Students, Lecturers, Support functions and other role players in the context of the effective meeting of all operational requirements; and ensure efficient operation of the University by regulating the overtime provisions for all departments within the university. 3 SCOPE All permanent employees, employees on three and five year contracts and employees on short-term contracts of two years or less 4 POLICY Decisions regarding hours of work, work schedules, lunch breaks and other related work time decisions shall be governed by the operational and service requirements of the University. The University reserves the right to alter work-time arrangements as it deems necessary within the limits set out by the South African labour legislation, but shall exercise this right in a fair and reasonable manner 5 LEGISLATIVE AND POLICY FRAMEWORK This policy should be read in conjunction with the following policies and legislations: Vaal University of Technology s Mission, Vision and Values Vaal University of Technology business strategy Human Resources strategy Recruitment Policy Redeployment Policy Remuneration Policy Performance Management Policy Career Advancement and Promotions Policy Succession Planning Policy Talent Management Policy Scarce Skills Policy Disciplinary Code and Procedure Grievance Procedure Employee relations policy Employee code of conduct Procurement Policy South African Employment and Skills Development legislation Basic Condition of Employment Act WORKING HOURS AND OVERTIME POLICY (2015) Page 3

4 Labour Relations Act Skills Development Act Employment Equity Act Occupational Health and Safety Act 6 DEFINITIONS Normal working hours The hours a person is normally required to perform duties for the employer Overtime Work that is performed in excess of 40 hours per week. 7 POLICY GUIDELINES 7.1 The following applies to normal working hours: Employees to which this policy applies are required to work forty hours per week (unless stipulated otherwise in a contract of employment): Normal working hours are defined as Monday to Friday 07h45 to 13h00 and 13h45 to 16h Part-time and contract workers whose working hours have been stipulated otherwise (excluding independent contractors) will work the number of hours per day/week/month as specified in their employment contracts All employees will be given every second Friday off, from 13h00. Such time off will be scheduled according to a roster prepared in each department/faculty in order to meet operational requirements Line Managers are responsible for the management of normal working hours and absenteeism from the workplace All employees are required to be present at work during working hours, unless they have obtained prior consent or authorisation from their immediate Line Manager to be absent Such permission must be controlled and monitored through the leave system. No employee may be absent from the workplace during normal working hours without permission from his or her Line Manager and without completing the necessary leave application. This includes all leave types, including workshop attendance, study leave, time-off and other arrangements Lost time must be recorded by the Line Manager and made up by the employee. Lost time may be worked in during lunch times, by mutual consent between the Line Manager and Employee 7.2 The following applies to overtime: No employee may be forced to work more than 40 hours per week or more than 8 hours per day Where operations require an employee to work more than eight (8) hours per day, an agreement must be reached between such an employee and the Line Manager WORKING HOURS AND OVERTIME POLICY (2015) Page 4

5 7.2.3 In order to meet the demands and responsibilities of VUT, it may be necessary, from time to time, for employees to work additional hours, in addition to the normal working hours stated above The maximum permissible overtime as per section 10 of the Basic Conditions of Employment Act is 10 (ten) hours in any 1 (one) week. No employee may be required or allowed to exceed this number of overtime hours per week Overtime arrangements also apply to lecturers scheduled to lecture evening classes In lieu of extended hours worked, the Line Manager may grant time-off as special leave There will be no monetary compensation for overtime worked except in those departments where this has been specifically agreed because of operational requirements and for employees earning less than the annual threshold set by the Department of Labour on an annual basis. Such employees have the right to claim overtime payment instead of time-off The Manager shall consider time-off in keeping with the provisions of the Basic Conditions of Employment Act (BCEA) and subject to prior approval. An effort shall be made to afford such time off within a reasonable timeframe, subject to operational requirements, preferable within the month following the overtime worked Overtime work that is performed on a voluntary basis after working hours at home, cannot be claimed as hours worked. It cannot be taken off, used to make up for time lost or be claimed as overtime For overtime payment guidelines, refer to the Remuneration policy. 7.3 ADDITIONAL GUIDELINES APPLYING TO ACADEMIC STAFF Lecturers must be available for a considerable part of their time on the premises of the University so that they provide a reasonable opportunity for colleagues and students to make contact with them, in line with the Workload policy It should always be borne in mind that lecturers, in general, work more than 40 hours a week. This Policy is not intended to restrict the flexibility within which productive and dedicated lecturers normally function Alternative contact details must be made available to administrators if an employee is not at his/her normal place of work during normal working hours. 8 DISPUTE HANDLING MECHANISM Any disputes regarding the implementation of this policy shall be dealt with in terms of the Disciplinary and Grievance Procedures of Vaal University of Technology This policy will be effective upon approval by Council WORKING HOURS AND OVERTIME POLICY (2015) Page 5

6 ACCEPTANCE OF THE POLICY Having read through the terms and conditions stipulated in this Policy, the undersigned understand and accept this as an official Policy of the VUT. The parties below officially accept this Policy on behalf of the members of this institution by affixing signatures in the space provided below. FOR AND ON BEHALF OF TRADE UNIONS: _ CHAIRPERSON OF NEHAWU SIGNATURE PRINT NAME CHAIRPERSON OF NTEU PRINT NAME SIGNATURE FOR AND ON BEHALF OF MANAGEMENT: VICE CHANCELLOR & PRINCIPAL PRINT NAME SIGNATURE FOR AND ON BEHALF OF COUNCIL: _ CHAIRPERSON OF COUNCIL SIGNATURE PRINT NAME WORKING HOURS AND OVERTIME POLICY (2015) Page 6