BCEA

1. BCEA LECTURE 7

2. Working overtime??

3. Overtime • Only if it is agreed between the employer and employee. Agreement valid for 1 year. • Overtime: • Per day = no limit. Act however limit maximum working hours per day. • Per week = maximum 10 hours. • Collective agreement can increase overtime to 15hours for a maximum of 2months/12months. •  Sunday work = overtime unless employee usually works on a Sunday. • Remuneration = • 1 ½ x hourly rate OR • Normal hourly rate with 30 minutes paid time off OR • No additional payment only time off, only paid time off e.g.. 90minutes time off for every hour worked. Class notes are not sufficient for study purposes.

4. Compressed working week • Employer and employee agree in writing that the employee will work a maximum of 12hours per day with no overtime payment: • May not work more than 5 days per week. • May not exceed 45hours + 10hours overtime per week. • Employee works for 3 or 4 days, but does not forfeit any payment. • Employer does not have to pay overtime if hours are kept within 45hours/week. Class notes are not sufficient for study purposes.

5. Averaging of hours of work • Collective agreement must be concluded to regulate averaging of working hours. Agreement is reviewed annually for the first 2 years. • Thereafter agreement can be concluded for an indefinite time. • Ordinary working hours may be averaged over a maximum period of 4 months. • 45 hours per week normal working hours and 5 hours overtime may not be exceeded. Class notes are not sufficient for study purposes.

6. Meal intervals • One hour meal interval after 5 hours of continuous work –unpaid. • Employer and employee can agree to reduce meal interval to not less than 30 minutes. • Or dispense with meal interval if working hours are less that 6 hours/day. • If an employee has to be available during meal intervals – paid. • Meal interval exceeding 75minutes = payment required unless the employee lives on the premises of the employer. Class notes are not sufficient for study purposes.

7. Overtime for this one?

8. Rest periods • Daily = 12 hours consecutive. • Weekly = 36 hours consecutive and must include a Sunday unless otherwise agreed. • Can be varied by written agreement between the employer and employee e.g.. 60hours every 2 weeks, etc. • Persons living on the employers premises – daily rest period can be reduced to 10 hours with meal interval of 3hours. Class notes are not sufficient for study purposes.

9. Work on Sundays • Remuneration = • 1 ½ x ordinary hourly rate if employee usually works on a Sunday. • 2 x ordinary hourly rate if the employee does not usually work on a Sunday. • At least one days wage must be paid (irrespective of hours worked) or the agreed rate, which ever is the greatest. • Normal hourly rate and paid time off can also be agreed. • If an employee does not usually work on a Sunday it is regarded as overtime. Class notes are not sufficient for study purposes.

10. Public Holidays • Shift = greater portion of the shift fall on a public holiday – whole shift deemed to have been worked on the public holiday. • Same rule applies to a shift worked on a normal day. • If the public holiday falls on a day which would have been a normal working day: • 2 x normal daily rate; OR • Normal daily rate + payment for actual time worked, which ever is the greater. Class notes are not sufficient for study purposes.

11. Night work • Night work = • Work between 18h00 – 06h00. • Allowance per shift paid OR hours are reduced. • Transportation must be available between the work premises and employees place of residence. • Night work on a regular basis = • Working for more than 1 hour between 23h00 – 06h00. • More than 5x per month OR 50x per year. • Employer must inform employee about heath- and safety risks. • Employee can request that employer do medical checks and transfer employee to suitable day work if employee has a health issue related to the night work. Class notes are not sufficient for study purposes.

12. Let me out after work!

13. LEAVE • Why do we have leave? • Can you take leave whenever you want to? • Types of leave? • Duration of leave?

14. Annual leave • 21 consecutive days; • For every 12 months; • Paid; • Or calculated as 1 day/17 days worked or; • 1hour /17hours • Public holidays excluded. • Leave may not be exchanged for money. • Upon termination of employment – leave must be paid out. • Forfeiture of leave? • Leave may not be taken concurrently with period of notice to terminate services or any other form of leave. Class notes are not sufficient for study purposes.

15. Sick Leave • Paid; • 36-month cycle; • Entitled to number of days leave usually worked in 6 weeks; • Entitled to full complement after 6 months worked; • During first 6 months: 1day / 26 days worked. • Payment may be reduced to 75% and leave proportionally increased. • Medical certificate may be required after 2 days of absence. • Absence more than 2x in 8 weeks – certificate can be required for all absences. • If no certificate can be provided – no payment can be demanded. • Absence due to an accident or occupational illness – compensation paid ito legislation. If no compensation is paid then employee entitled to paid sick leave. Class notes are not sufficient for study purposes.

16. Family responsibility leave • Paid; • 3 days of every 12 months cycle; • Birth, illness death of a child / spouse / life partner / parent / grandparent / grandchild or sibling. • Entitled to leave after 4 months of service if employee works more than 4 days a week. • Employer may require proof of the event. • Unused days does not accrue. Class notes are not sufficient for study purposes.

17. Maternity Leave • Unpaid ; • 4 months consecutive ; • Commences 4 weeks before birth or as required due to medical reasons; • Employee may only return to work 6 weeks after birth, unless doctor certifies her fit to do so; • Miscarriage during 3rd trimester / still born – employee entitled to 6 weeks maternity leave. • 4 weeks written notice must be given to employer as to when maternity leave will start en when employee will return to work. • Maternity benefits can be claimed ito UIF. • Paid maternity leave can be agreed by employer / Trade union. • During pregnancy and nursing the employee may not be required to do any work which may be dangerous for mother and child. • If possible alternative work must be provided during pregnancy and for 6 months after birth of the child – conditions of service must remain the same. Class notes are not sufficient for study purposes.

18. OUTCOMES • Discuss in full the principles applicable on overtime, compressed working week, averaging hours of work, work on Sundays and public holidays, night work and leave.