Download Lecture 6 2012(1)

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 1 st 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 week
oon 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 ??????