labour law – arr224 lecture 6 the basic conditions of employment act, 75 of 1997

LABOUR LAW – ARR224

Lecture 6

The Basic Conditions of Employment Act, 75 of 1997

TIME!

PRESCRIBED MATERIAL

Study:• PGL (Chapter 3 par 3.2-3.8, 3.10-3.14, 3.16, 3.18 & 3.20)

Read:• PGL (Chapter 3 par 3.1, 3.9, 3.15, 3.17 & 3.19)

• LRL (Pp 509-554)

• CLL (Pp 35-48)

LEARNING OUTCOMES

• Discuss provisions of the Act regulating:

• NORMAL TIME = 45 hours per week

oOvertime oAveraging hours of work oWork on Sundays and public holidays oNight work

NORMAL TIME

OVERTIME

BCEA (OVERTIME)

• Only by agreement. • Agreement lapses after 1 year if concluded at commencement

of/within 1st 3 months of employment. (Renewed)

• No limit on overtime per day. BUT employee may not work > 12 hrs/day in total!

• Only 10 hours overtime hrs/week. (May be increased by collective agreement to 15 hrs overtime/week, for maximum period of 2 months in any twelve month period)

• Remuneration for overtime: 1½ hourly rate.

• Parties can agree to normal hourly rate plus paid time off (30 min for every hour of overtime) or only paid time of (90 min for every hour of overtime).

• Collective agreement may allow for hours of overtime worked to be averaged over period of up to 4 months.

• Minister may prescribe permitted hours of ordinary work and overtime work for any category of employee.

• When calculating maximum daily and weekly overtime hours, hours worked on Sunday must be included when employee does not ordinarily work on Sunday.

BCEA (COMPRESSED WORKING WEEK)• Employer and employee may agree in

writing that employee work up to

maximum of 12 hrs/day without receiving overtime pay, provided employee does not

owork > 45 ordinary hrs/week o> 10 hrs overtime in any weekoon more than 5 days/week.

oGive an example!

BCEA (AVERAGING OF HOURS OF WORK)

• Ordinary hours of work and overtime may i.t.o. collective agreement be averaged over maximum period of 4 months.

• Average ordinary hours may not > 45 hrs/week and average overtime may not > 5 hrs/week.

• First two agreements lapse after 12 months (to be reviewed annually, after which parties may agree to extend indefinitely).

BCEA (MEAL INTERVALS & REST PERIODS)• Meal interval of at least 1 hour after 5 hrs of

continuous work.

• Meal interval may be reduced to not less than 30 min or dispensed (if employee works < 6 hrs/day), by agreement.

• Meal interval = unpaid. BUT must be remunerated if required to work during meal interval.

• Daily rest period of 12 consecutive hours between ending en recommencing work.

• Weekly rest period must be 36 consecutive hours which must include Sunday.

• Rest periods may be varied by agreement.

• WHAT ABOUT TEA TIMES??

BCEA (WORK ON SUNDAY AND PUBLIC HOLIDAY)

• Previous Act: Special permission from DoL to work on Sundays. No longer required.

• Work on public holidays: May only be performed by agreement between employer and employee.

• Remuneration for Sunday work: If employee usually works on Sundays: 1½ x hourly rate. If employee does not ordinarily work on Sundays: 2 x hourly rate. Employee must receive at least an ordinary day’s wages/abovementioned rates, whichever is greater amount. Parties may agree on ordinary rate plus time off.

• Remuneration for public holiday work: At least 2 x daily rate/normal daily rate plus the amount for actual time worked, whichever is the greater.

• Work performed on Sunday by employee who does not normally work on Sundays is considered overtime.

• If shift worked falls on Sunday and another day, whole shift deemed to have been worked on Sunday, unless greater portion was worked on other day.

BCEA (NIGHT WORK)

• Two types of night work:oWork done 18:00-06:00. Employer must pay to employee an allowance (shift allowance/reduced working hours). Transportation must be available between employee’s place of residence and workplace.

oWork of > 1 hour 23:00-06:00 on at least 5 occasions/month or 50 occasions/year. Employer must inform employee of any health and safety hazards associated with the work.

PROSTITUTION ??????