This section regulates the working time of employees. Note that other than this section, the provisions of this chapter do not apply to senior management, sales staff who regulate their own hours of work and employees who work less than 24 hours a month.

Compliance Obligations?

You must regulate working time in accordance with the provisions of any Act governing occupational health and safety’ with due regard to the health and safety of your employees, the Code of Practice on the Regulation of Working Time and family responsibilities of your employees.

This section regulates the ordinary hours of work.

Compliance Obligations?

You may not requires employees (subject to this chapter) to work more than 45 hours a week; 9 hours in any day if the employee works for 5 or fewer days a week or 8 hours in any day if the employee works on more than 5 days a week.

This section regulates overtime.

Compliance Obligations?

Subject to this Chapter you may not require any employee to work overtime unless it is in accordance with an agreement or more than 10 hours overtime a week. The agreement may not require or permit an employee to work more than 12 hours on any day. You must pay employees at least one and one-half times their wage for the overtime worked.

This section regulates compressed working weeks.

Compliance Obligations?

You may enter into an agreement to permit an employee to work up to 12 hours a day, inclusive of meal intervals without receiving overtime pay. The agreement may not require or permit an employee to work more than 45 ordinary hours of work in a week, more than 10 hours overtime in any week; or more than 5 days in any week.

This section regulates meal intervals.

Compliance Obligations?

You must give an employee who works continuously for more than 5 hours, a meal interval of at least 1 continuous hour. You may by agreement reduce the interval to not less than 30 minutes or dispense of the interval if the employee works fewer than 6 hours a day.

This section regulates daily and weekly rest periods.

Compliance Obligations?

You must allow your employees a daily rest period of at least 12 consecutive hours between ending and recommencing work; and a weekly rest period of at least 35 hours, which unless otherwise agreed, must include a Sunday. Note that this may be varied by agreement in terms of subsection (2) and (3).

This section regulates pay for work on Sundays.

Compliance Obligations?

You must pay employees double their wage for each hour worked on a Sunday, unless they normally work on a Sunday. You may then pay them one and a half their wage.

This section regulates working at night. Note that “night work” means work performed after 18h00 and before 06h00 the next day.

Compliance Obligations?

If your employees work a night shift, they must be compensated (a shift allowance or reduction of working hours) and transportation must be provided.

This section regulates working on public holidays.

Compliance Obligations?

If you want employees to work on a public holiday(s) this must be done in accordance with an agreement. Note the payment requirements set out in subsection (2) and (3).

This section regulates sick leave. Note the definition of “sick leave cycle” in subsection (1).

Compliance Obligations?

Every sick leave cycle, employees are entitled to an amount of paid sick leave equal to the number of days the employee would normally work during a period of six weeks. Note the payment requirements set out in subsection (2) and (3).

This section regulates maternity leave.

Compliance Obligations?

Employees are entitled to at least four consecutive month’s maternity leave. Unless a medical practitioner or midwife certifies an employee is fit to work, you may not allow an employee to work for six weeks after the birth of her child.

Ensure your employees understand their duties with regard to notifying you of their intention to commence or return from maternity leave

This section aims to protect employees before and after the birth of a child. Note the Code of Practice on the Protection of Employees during Pregnancy and after the Birth of a Child.

Compliance Obligations?

You may not require or permit a pregnant employee or one who is nursing a child to perform work that is hazardous to her health or the health of her child.

This section regulates family responsibility leave. It applies to an employee who has been with an employer for more than four months and who works for at least four days a week.

Compliance Obligations?

You must grant an employee, during each annual leave cycle, 3 days paid leave which they are entitled to take under the circumstances set out in subsection (2)(a) – (c).

This section regulates what must be included in an employee’s contract.

Compliance Obligations?

You must ensure that you provide all employees with a contract which includes the information set out in this section.

This section requires employers to display a statement of the employee’s rights under the Act

Compliance Obligations?

You must display such a statement in the official languages which are spoken at your workplace.

This section regulates how employees may be paid.

Compliance Obligations?

You must pay your employees in accordance with the requirements of subsection (1)(a) – (c).

This section regulates and prohibits certain deductions.

Compliance Obligations?

You may not make any deductions unless agreed with the employee in respect of a debt or if the deduction is required or permitted in terms of law, collective agreement, court order or arbitration award. You may make a deduction for reimbursement for loss or damage only under the circumstances set out in subsection (2).

This section regulates the termination of employment.

Compliance Obligations?

Either party must provide notice as set out in subsection (1). You may not give notice of termination during any period of leave and may not run concurrently with any period of leave to which the employee is entitled to, except sick leave.

This section prohibits work by children. This is subject to section 50(2)(b).

Compliance Obligations?

You may not require or permit a child to work if they are under the age of 15 or under the minimum school-leaving age in terms of any law.