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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 ??????