Employee and Recruitment

Basic Conditions of the Employment Act

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2.4       Compressed working week : Section 11

2.4.1   An employee may agree in writing to work up to 12 hours in a day without receiving overtime pay.

2.4.2   This agreement may not require or permit an employee to work¾

(a)               more than 45 ordinary hours in any week;

(b)               more than ten hours’ overtime in any week; or

(c)               more than five days in any week.

2.5       Averaging of hours of work : Section 12

2.5.1   A collective agreement may permit the hours of work to be averaged over a period of up to four months.

2.5.2   An employee who is bound by such a collective agreement may not work more than¾

(a)   an average of 45 ordinary hours in a week over the agreed period;

(b)   an average of five hours’ overtime in a week over the agreed period.

2.6       Meal intervals : Section 14

2.6.1       An employee must have a meal interval of 60 minutes after five hours work.

2.6.2   A written agreement may¾

(a)   reduce the meal interval to 30 minutes;

(b)   dispense with the meal interval for employees who work fewer than six hours on a day.

2.7       Daily and weekly rest period : Section 15

An employee must have a daily rest period of 12 consecutive hours and a weekly rest period of 36 consecutive hours, which, unless otherwise agreed, must include Sunday.

2.8       Pay for work on Sundays : Section 16

2.8.1       An employee who occasionally works on a Sunday must receive double pay.

2.8.2       An employee who ordinarily works on a Sunday must be paid at 1.5 times the normal wage.

2.8.3   Paid time off in return for working on a Sunday may be agreed upon.

2.9       Night work : Section 17

2.9.1       Employees who work at night between 18h00 and 06h00 must be compensated by payment of an allowance or by a reduction of working hours and transport must be available.

2.9.2       Employees who work regularly after 23:00 and before 06:00 the next day must be informed¾

(a)      of any health and safety hazards; and

(b)      the right to undergo a medical examination.

2.10    Public holidays : Section 18

2.10.1 Employees must be paid their ordinary pay for any public holiday that falls on a working day.

2.10.2  Work on a public holiday is by agreement and paid at double the rate.

2.10.3 A public holiday may be exchanged with another day by agreement.

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  1. Thabo Mosebi Reply

    I work for Graftech SA since 08/11/2010 and I have joined that company as a millwright. From day 1 of my employment in this company, I have been acting as a supervisor. I have not been appointed and my bosses do not give me answers f I raise questions about my appointment.
    What does our South African law say about relieving this long without appointment?

  2. Hi! which section of employment law deals with verbal abuse offences and what can be charges for this offence

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