Human Resources South Africa

Basic Conditions of the Employment Act

Basic Conditions of the Employment Act

October 14
18:08 2010

2.4       Compressed working week : Section 11

2.4.1   An employee may agree in writing to work up to 12 hours in a day without receiving overtime pay.

2.4.2   This agreement may not require or permit an employee to work¾

(a)               more than 45 ordinary hours in any week;

(b)               more than ten hours’ overtime in any week; or

(c)               more than five days in any week.

2.5       Averaging of hours of work : Section 12

2.5.1   A collective agreement may permit the hours of work to be averaged over a period of up to four months.

2.5.2   An employee who is bound by such a collective agreement may not work more than¾

(a)   an average of 45 ordinary hours in a week over the agreed period;

(b)   an average of five hours’ overtime in a week over the agreed period.

2.6       Meal intervals : Section 14

2.6.1       An employee must have a meal interval of 60 minutes after five hours work.

2.6.2   A written agreement may¾

(a)   reduce the meal interval to 30 minutes;

(b)   dispense with the meal interval for employees who work fewer than six hours on a day.

2.7       Daily and weekly rest period : Section 15

An employee must have a daily rest period of 12 consecutive hours and a weekly rest period of 36 consecutive hours, which, unless otherwise agreed, must include Sunday.

2.8       Pay for work on Sundays : Section 16

2.8.1       An employee who occasionally works on a Sunday must receive double pay.

2.8.2       An employee who ordinarily works on a Sunday must be paid at 1.5 times the normal wage.

2.8.3   Paid time off in return for working on a Sunday may be agreed upon.

2.9       Night work : Section 17

2.9.1       Employees who work at night between 18h00 and 06h00 must be compensated by payment of an allowance or by a reduction of working hours and transport must be available.

2.9.2       Employees who work regularly after 23:00 and before 06:00 the next day must be informed¾

(a)      of any health and safety hazards; and

(b)      the right to undergo a medical examination.

2.10    Public holidays : Section 18

2.10.1 Employees must be paid their ordinary pay for any public holiday that falls on a working day.

2.10.2  Work on a public holiday is by agreement and paid at double the rate.

2.10.3 A public holiday may be exchanged with another day by agreement.

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2 Comments

  1. Thabo Mosebi
    Thabo Mosebi January 08, 19:40

    I work for Graftech SA since 08/11/2010 and I have joined that company as a millwright. From day 1 of my employment in this company, I have been acting as a supervisor. I have not been appointed and my bosses do not give me answers f I raise questions about my appointment.
    What does our South African law say about relieving this long without appointment?

    Reply to this comment
  2. Thomas
    Thomas July 20, 17:50

    Hi! which section of employment law deals with verbal abuse offences and what can be charges for this offence

    Reply to this comment

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