Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, Cape of Good HopeExtension to Non-parties of the Main Consolidated Collective AgreementChapter Five: Terms of Employment21. Flexible Working Hours |
| (1) | An employer and an employee may contract to work either a compressed working week or to average the hours of work. |
| (2) | Compressed working week: an agreement in writing may require or permit an employee to work up to twelve (12) hours in a day, inclusive of the intervals required in terms of clause 22 without receiving overtime pay. |
| (3) | An agreement in terms of sub clause (2) may not require or permit an employee to work |
| (a) | more than forty-five (45) ordinary hours of work in any week: |
| (b) | more than ten (10) hours' overtime in any week; or |
| (c) | on more than five (5) days in any week. |
| (4) | Averaging hours of work: the ordinary hours of work and overtime of an employee may be averaged over a period of up to four (4) months in terms of an agreement in writing. |
| (5) | An employer may not require or permit an employee who is bound by a written agreement in terms of sub clause (4) to work more than— |
| (a) | an average of forty-five (45) ordinary hours of work in a week over the agreed period; |
| (b) | an average of five (5) hours' overtime in a week over the agreed period. |
| (6) | A written agreement in terms of sub clause (4) lapses after twelve (12) months. |