Tag Archives: POPIA

An Employer must give an employee a daily rest period of at least 12 consecutive hours, before the start of the next shift/working day. For employees who live on the premises at which the work is performed, or the workplace is situated and whose meal intervals lasts at least 3 hours, an agreement in writing (contract, or addendum to contract) may reduce said rest period to no less than 10 consecutive hours.

An Employee should in addition to the above, allow an Employee a weekly rest period of at least 36 consecutive hours and unless otherwise agreed, must include a Sunday. These rest periods can be agreed upon in writing (contract or addendum to contract) to be at least 60 consecutive hours in a two-week period, or one week’s rest period be reduced by up to eight hours in any week, if the rest period of the following week is extended equivalently.

This article aims to provide general information and does not constitute legal advice.

To arrange a consultation, for more information, with a member of our qualified team, contact Erin Steyn on 021 919 6418 or email erin@joblaw.co.za

In some sectors Employer’s operations require them to go above the prescribe 9 hour working days.

These sectors are, but not limited to, Security Industry, Road freight Industry and the Hospitality Industry.

For these Employers Section 11 of the BCEA will come into equation when determining their Employees normal working hours.

Section 11 stipulates that Employer may require their Employees to work up and to a12 hour shift per day, but with this there is a few boxes to tick.

To be able to implement a Compressed Working Week a agreement must be drafted between the Employer and Employee whereby the Employee consents to working 12hours shift.

When Compressed Working Weeks is agreed upon the Employer must still keep in mind the following,
• Ordinary Working Hours may not exceed 45 hours a week.
• Employees may not work more than 10 hours of Overtime a Week.
• And an Employee may not work more than Five days in a week.

When an Employer decides to implement Section 11 it is still strongly advised that they consult with a Labour Practitioner as to ensure they operate within the law.

This article aims to provide general information and does not constitute legal advice. For more information contact 021 919 6418 OR erin@joblaw.co.za

Employees who are pregnant, or who was given birth should be protected and the BCEA makes certain provisions that all Employer’s should abide by.

The first provision is that an Employee who is nursing may not be permitted, or required to perform work that is, or may be hazardous to her health, or the health of her child.

During the period that the Employee is pregnant and for a period of six months after the birth of her child, an Employee must be offered alternative employment on the same terms and conditions that are not less favourable than before she fell pregnant in certain circumstances.

These circumstances may include but are not limited to, if the Employee works night work, as defined in section 17(1); if the carrying out of her duties poses any risk to the health and/or safety of herself and/ or that of her child; or if is practicable for the Employer to do so.

This article aims to provide general information and does not constitute legal advice. For more information contact 021 919 6418 OR erin@joblaw.co.za

Sunday work is divided in two categories, namely, employees whose normal working day is a Sunday and employees who’s normal working day is not on a Sunday.

These two categories have different ways to work out what should be paid to the employee.

Firstly, Employees who do not normally work on a Sunday.

The BCEA section 16 set out that employee who do not normally work on Sundays will be intitled to double the normal pay the Employee receives.

For an example if an employee normally Receives minimum wage, R 23,19 for normal hours work they will be intitled to R 46,38 per hour worked on a Sunday.

Alternatively, Employer’s may have an agreement in place with the employee whereby Employer exchange’s the overtime payable to paid time off in respect to hours worked on a Sunday.

This paid time off must be granted to the employee within one month since it became due, alternatively an agreement can be drafted extending this period to a maximum of 12 months.

All time worked on a Sunday may not be brought into calculation when an Employer calculates the Employees normal working hours.

For Example, if an Employee is contracted to work 45 hours but only worked 40 hours from Monday – Friday the 5 hours he/she works on a Sunday will not fill the 45 hours but be over and beyond normal working hours.

Secondly Employee who normally work on Sunday.

The BCEA section 16 set out that employee who normally work on Sundays will be intitled to 1.5 times the normal pay the Employee receives.

For an example if an employee normally Receives minimum wage, R 23,19 for normal hours work they will be intitled to R 37,79 per hour worked on a Sunday.

Alternatively, Employer’s may have an agreement in place with the employee whereby Employer exchange’s the overtime payable to paid time off in respect to hours worked on a Sunday.

This paid time off must be granted to the employee within one month since it became due, alternatively an agreement can be drafted extending this period to a maximum of 12 months.

All time worked on a Sunday may be brought into calculation when an Employer calculates the Employees normal working hours.

For Example, if an Employee is contracted to work 45 hours but only worked 40 hours from Monday – Saturday the 5 hours he/she works on a Sunday will fill the normal 45 hours, but the 5 hours will still be calculated at 1.5 times normal pay.

Applicable to both Categories.

Sometimes Employee’s works shifts that span two day (Saturday – Sunday / Sunday – Monday).

When this happens employee must take into consideration which portion of the shift is greater on which day.

If the greater part of the Employees shift is on a Saturday or Monday, the whole shift will be deemed as normal work if the employee is normally scheduled to work on the Saturday and Monday.

If the greater part of the Employee’s shift is on the Sunday, the whole shift is deemed as Sunday Work.

This article aims to provide general information and does not constitute legal advice. To arrange a consultation with a member of our qualified team, contact Erin Steyn on 021 919 6418 OR erin@joblaw.co.za

Often companies and employers are unsure of how to successfully implement and manage a zero tolerance for drugs / alcohol policy. Included in your Joblaw retainer is this very service and many other policy implementation and management services.

In order to find out more about this service and how to successfully implement a policy such as this, please contact the Joblaw East London Branch

We would also like to remind our Joblaw retainer clients that if they do have a zero tolerance for alcohol / drugs policy in place, that they will need to contact our office for an updated version of this policy.