Hours South African labour law

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1 hours

1.1 overtime
1.2 sundays
1.3 public holiday
1.4 meal intervals
1.5 weekly rest periods
1.6 sick leave
1.7 maternity leave
1.8 family-responsibility leave
1.9 remuneration
1.10 variations





hours

a maximum of 45 hours per week allowed worked. these stipulations (regarding hours) not applicable on following persons:



a person earns more r205 433.30 per year; or
a person in senior management position; or
sales personnel, employees required travel in performing of duties, , people can determine own work hours.

overtime

overtime permitted on basis of voluntary agreement.


payment overtime 1½ times normal wage.


sundays

payment working on sunday twice normal wage if employee not expected in terms of his/her contract work on sundays, if employee expected work on sundays in terms of or contract, employee shall receive 1.5 times normal wage.


public holiday

a worker entitled double pay if stipulated in employee s contract he/ expected work on public holidays.


meal intervals

an employee entitled 1 hour off every 5 hours of work.


weekly rest periods

an employee entitled 36 consecutive hours off. issues such night work, holidays , public holidays covered.


sick leave

an employee entitled 6 weeks off on three-year period, interpreted 1 day 26 days of work.


maternity leave

an employee entitled 4 months off in total, leave must start @ least 4 weeks prior expected birth date, , end @ least 6 weeks after expected date of birth. not, however, stipulate paid leave. in terms of unemployment insurance fund, when woman on maternity leave, entitled unemployment insurance fund benefits half time spent away. employer pay other half, not required in basic conditions of employment act.


family-responsibility leave

if employee has been working more 4 months, entitled 3 days family-responsibility leave, in case there has been death in family.


remuneration

employers must keep records of hours worked , remuneration awarded each employee @ least 3 years.


employees paid in south african currency @ place of work (unless altered in contract).


employers may not deduct money employees unless prior consent in writing obtained.


regarding severance pay, in cases of retrenchments or dismissals operational reasons, employees entitled 1 week’s pay every year worked.


variations

the basic conditions of employment act minimum standard required employers. employers may award more, never less, stipulated.


if employer gives more minimum, may locked giving more, must abide required annual increases, based on percentage of current pay.


an employer may vary provisions in contract by



individual agreement; or
collective agreement on industry-wide basis.




^ nagel, cj (2016). commercial law. pretoria: lexis nexis. pp. 652–657. isbn 9780409123968. 






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