1) An employer shall not require or permit an employee to work more ordinary hours of work than provided for during the-
a) first year from date of implementation of this Determination, in the case of-
aa) a security officer, category A,
(i) 48 in any week; and
(ii) subject to subparagraph (i), 12 on any day;
ab) a security officer, category B,
(i) 55 in any week; and
(ii) subject to subparagraph (i), 12 on any day;
b) second year from date of implementation of this Determination, in the case of-
aa) a security officer, category A,
(i) 48 in any week; and
(ii) subject to subparagraph (i), 12 on any day;
ab) a security officer, category B,
(i) 50 in any week; and
(ii) subject to subparagraph (i), 12 on any day;
c) thereafter for all security officers-
(i) 45 in any week
(ii) subject to subparagraph (i) 12 on any day
d) a ship security officer or cargo security officer; 12 on any day;
e) any other class of employee-
i) 45 in any week; and
ii) subject to subparagraph (i), in the case of an employee who normally works on
aa) not more than five days in a week, nine on any day; and
ab) more than five days in a week, eight on any day.
2) Averaging of Working Hours: Despite subclause (1), the ordinary hours of work and overtime of an employee may be averaged over a period of up to four months.
a) An employer may not require or permit an employee to work more than-
i) an average of 55 ordinary hours of work in a week for the first year from date of implementation and 50 ordinary hours of work per week for the second year from date of implementation of this Determination over the agreed period and 45 ordinary hours per week thereafter; and
ii) an average often hours overtime in a week over the agreed period; and
iii) more than 12 hours on any day,
b) Any employee whose hours are averaged in terms hereof must be paid at the premium hourly rate in respect of all work performed on a Sunday or Public Holiday, as per clause 7 and 8.
c) Any employee whose hours are averaged in terms hereof will still take, and the employer shall grant, a weekly free period of at least 36 hours or a fortnightly free period of at least 60 hours in terms of clause 5(10).
3) Compressed working week: An agreement in writing may require or permit an employee to work up to 12 hours in a day, without receiving overtime pay. No such agreement may require or permit an employee to work-
a) more than 45 hours in any week, with the exception of the arrangements in respect of security officers in terms of sub clauses 5(1)(a),(b) and (c);
b) more than 10 hours overtime in any week; or
c) on more than five days in any week.
4) Meal intervals: An employer shall not require or permit an employee, other than a casual employee, a security officer, a ship security officer or a cargo security officer, to work for more than five hours continuously without a meal interval of not less than one hour, during which interval such employee shall not be required or permitted to perform any work, and such interval shall not form part of the ordinary hours of work or overtime: Provided that-
a) such interval may be reduced to not less than half an hour by written mutual agreement between an employer and an employee;
b) periods of work interrupted by intervals of less than one hour, except where proviso (a) or (e) applies, shall be deemed to be continuous;
c) if such interval is longer than one hour, any period exceeding one and a quarter hours shall be deemed to form part of the ordinary hours of work;
d) only one such interval during the ordinary hours of work of an employee on any day shall not form part of the ordinary hours of work;
e) when on any day by reasons of overtime worked, an employer is required to give an employee a second meal interval, such interval may be reduced to not less than 15 minutes;
f) a driver who during such interval does not work other than being or remaining in charge of the vehicle or its load shall for the purposes of this subclause be deemed not to have worked during such interval;
g) in case of an employee who is wholly or mainly engaged in cleaning premises, if such interval is longer than three hours, any period in excess of three hours shall be deemed to form part of the ordinary hours of work.
5) Rest intervals: An employer shall grant to each employee, other than a driver, a security officer, a ship security officer or cargo security officer, a rest interval of not less than 15 minutes as practicable in the middle of the first and second work period of the day, and during such interval such employee shall not be required or permitted to perform any work, and such interval shall be deemed to be part of the ordinary hours of work of such employee.
6) Hours of work to be consecutive: Save as provided in subclauses (4) and (5), all hours of work of an employee, other than a ship security officer or a cargo security officer, on any day shall be consecutive.
7) Night Work:
a) An employer may only require or permit an employee to perform night work if-
i) the employee is compensated by the payment of an allowance, as per clause 3(6); and
ii) Public or other transportation is available between the employee’s place of residence and the workplace at the commencement and conclusion of the employee’s shift.
b) An employer who requires an employee to perform work on a regular basis after 23:00 and before 06:00 the next day must inform the employee in writing, or orally, if the employee is not able to understand a written communication, in a language that the employee understands-
aa) of any health and safety hazards associated with the work that the employee is required to perform; and
ab) of the employee’s right to undergo a medical examination in terms of subclause (7)(c).
c) at the request of the employee, enable the employee to undergo a medical examination, for the account of the employer, concerning those hazards-
aa) before the employee starts, or within a reasonable period of the employee starting, such work; and
ab) at appropriate intervals while the employee continues to perform such work; and
d) transfer the employee to suitable day work within a reasonable time if-
aa) the employee suffers from a health condition associated with the performance of night work; and
ab) if it is practicable for the employer to do so.
e) For the purposes of subclause (7)(b), an employee works on a regular basis if the employee works for a period of longer than one hour after 23:00 and before 06:00 at least five times per month or fifty times per year.
8) Limitation of overtime: An employer shall not require or permit an employee to work overtime otherwise than in terms of an agreement concluded by the employer with the employee and such overtime shall not exceed, in the case of-
a) a casual employee, three hours on any day;
b) any other class of employee, 10 hours in any week.
9) Payment for overtime: An employer shall pay an employee who works overtime, at a rate of not less than one and a half times the employee’s hourly wage in respect of the total overtime period so worked by such employee.
10) Rest periods:
a) An employer must allow an employee-
i) a daily rest period of at least 12 consecutive hours between ending and recommencing work provided that the rest period must be completed within 24 hours of the employee commencing work on that day; and
ii) a weekly rest period of at least 36 consecutive hours.
b) A daily rest period in terms of subclause (10)(a) may, by written agreement, be reduced to 10 hours for an employee-
i) who lives on the premises at which the work place is situated; and
ii) whose meal interval lasts for at least three hours.
c) Despite subclauses (10)(a)(ii), an agreement in writing may provide for-
i) a rest period of at least 60 consecutive hours every two weeks; or
ii) an employee’s weekly rest period to be reduced by up to eight hours in any week, if the rest period in the following week is extended equivalently.
11) Exceptions:
a) Subclauses (4), (5), (6) and (8) shall not apply to an employee while an employee is engaged in emergency work.
b) Subclause (4) shall not apply to an employee wholly or mainly engaged in the tending, feeding or cleaning of animals.