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  • 2018/07/16 10:43:43 AM
    South Africa: Basic Guide to Working Hours

    Basic Guide to Working Hours

     

    Basic Conditions of Employment laws set maximum working hours and minimum rest and break periods for workers.

    Application

    The Basic Conditions of Employment Act applies to all employers and workers, but not -

    members of the:

                   National Defence Force,

                   National Intelligence Agency, or

                   South African Secret Service; or

                   unpaid volunteers working for charity.

    The section of the Act that regulate working hours does not apply to:

                   workers in senior management

                   sales staff who travel and regulate their own working hours

                   workers who work less than 24 hours in a month

                   workers who earn in excess of an amount stated in terms of  section 6 (3) of the Act

                   workers engaged in emergency work are excluded from certain provisions.

     

      Basic Conditions of Employment Act

    Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, pay slips, and termination

    Maximum Working Hours

    Number of days worked per week          Maximum

                    Ordinary hours per dayOrdinary hours per week

    1 - 5                                        9                                              45

    more than 5                       8                                              45

    Based on Legislation in Section 9, of the Basic Conditions of Employment Act

    Compressed Working Week

    Workers may agree, in writing, to work up to 12 hours a day without getting overtime pay.

     

    However, these workers may not work more than –

                   45 ordinary hours a week

                   10 hours’ overtime a week

                   5 days a week

    Based on Legislation in Section 11, of the Basic Conditions of Employment Act

    Averaging of Working Hours

    A collective agreement may allow for working hours to be averaged over a period of up to 4 months.

     

    However, workers may not work more than –

                   an average of 45 hours a week

                   an average of 5 hours’ overtime a week

    Based on Legislation in Section 12, of the Basic Conditions of Employment Act

    Meal Breaks

    Workers must have a meal break of 60 minutes after 5 hours’ work.

     

    A written agreement may –

                   reduce meal intervals to 30 minutes

                   eliminate meal intervals for workers who work less than 6 hours a day

    Based on Legislation in Section 14, of the Basic Conditions of Employment Act

    Rest Periods

    Workers must have a rest period of –

                   12 hours each day; and

                   36 consecutive hours each week (must include Sunday, unless otherwise agreed)

    Based on Legislation in Section 15, of the Basic Conditions of Employment Act

    Night Work

    Workers working between 18h00 and 06h00 must –

                   get an allowance, or

                   work reduced hours, and

                   have transport available to them.

    Based on Legislation in Section 17, of the Basic Conditions of Employment Act

     

    Related Links

                   Basic Guide to Collective Agreements

    The Labour Relations Act provides for agreements that alter conditions of employment

                   Basic Guide to Overtime

    The Basic Conditions of Employment regulates overtime working hours and pay for such hours.

                   Basic Guide to Public Holidays

    The Basic Conditions of Employment stipulates the conditions for working on Public Holidays for workers.

                   Basic Guide to Working on Sundays

                   The Basic Conditions of Employment prescribes the wages for working on a Sunday.


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