Working hours & Public holidays / by

posted in IR Tips, News

Through the hustle of the year end rush and getting everything done before the the year ends, we need to keep in mind the basics of employment and what your employees rights are.

The holiday season is upon us and wether its normal working hours or public holiday, here are some basic according to the Basic Conditions of Employment act;

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Working Hours:

Maximum Working Hours:

Number of days worked per week Maximum
Ordinary hours per day Ordinary hours per week
1 – 5 9 45
more than 5 8 45

Based on Legislation in Section 9of 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 11of 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 12of 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 14of 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 15of 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 17of the Basic Conditions of Employment Act

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Public Holidays:

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.
The provisions for public holidays do not apply to –
  • senior management
  • sales staff who travel
  • workers who work less than 24 hours a month

See

  • Basic Conditions of Employment Act
    Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, pay slips, and termination

Pay for Public Holidays:

Workers must get paid time off for any public holiday that falls on a working day.

Based on Legislation in Section 18of the Basic Conditions of Employment Act

Working on Public Holidays:

Working on a public holiday is by agreement only.
Workers must be paid extra for working on a public holiday.

Based on Legislation in Section 18of the Basic Conditions of Employment Act

Exchanging Public Holidays:

A public holiday can be exchanged with another day by agreement.

Based on Legislation in Section 18of the Basic Conditions of Employment Act

Public Holidays and Annual Leave:

A public holiday cannot be counted as annual leave.

Based on Legislation in Section 20of the Basic Conditions of Employment Act

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Keep in mind that this may be different according to industry, contact FEOSA for more information or help to get your HR policies up to date with the latest in Labour Law.

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