South Africa

Working Hours

Normal Working Hours

Working day means a period of 24 hours measured from the time when the employee normally commences work. An employer may not require an employee to work:

• More than 45 hours in any week;
• More than 9 hours in any day if the employee works five days or less in a week; or
• More than 8 hours in any day if the employee works more than five days a week.
• The normal working hours of an employee may be averaged over a reference period of up to four months in terms of a collective bargaining agreement, the average working hours per week of an employee should not exceed 45 hours.

Rest Time

• An employer must give an employee who works continuously for more than five hours a meal interval of at least 60 minutes.
• With a written agreement, the meal interval may be shortened to no less than 30 minutes. An agreement can remove a meal interval for an employee who works fewer than six hours a day.

• Daily Rest Period

  • An Employer must allow an employee to have a at least 12 consecutive hours rest between two working days.
  • For employees who live in the workplace and whose meal intervals exceed 3 hours, the daily rest period can be shortened to 10 hours by negotiating and signing a written agreement with the employer.

• Weekly Rest Period

  • Employers are required to provide employees with at least 36 consecutive hours of rest per week, which must include Sundays unless otherwise agreed.

  • With a written agreement, other rest arrangements may be provided:

    • If it is agreed that the employees have at least 60 consecutive hours of rest in each two-week reference period; or
    • If the rest period in a week is less than 36 hours, the rest period in the following week is extended accordingly.

Night Work

• The night working hours are between 6:00 pm one day and 6:00 am the next day.
• Employers can only arrange night shifts with the consent of employees. Employees who work on night shifts are entitled to night shift allowances or reduced working hours. Collective bargaining agreements can stipulate specific compensations.
• In addition, employers must ensure that employees are provided with transportation to and from their homes and workplaces at the beginning and end of their shifts.

• If an employee is required to work between 11:00 pm and 6:00 am the next day, the employer must:

  • Notify the employee in writing or verbally (in a language they understand) of any health and safety risks associated with the work and their right to the medical examinations;
  • Arrange medical examinations and regular physical checkups for the employee before and after the night shift and bear the relevant costs;
  • If the employee develops health problems due to working on night shifts, the employer must transfer the employee to suitable day shifts.
• An employee who works more than one hour between 11:00 pm one day and 6:00 am the next day; works five-night shifts per month or not less than 50-night shifts per year is considered as a regular night shift employee.

Overtime

• Any hours worked in excess of standard working hours are considered overtime.

• Overtime restrictions:

  • Employers and employees must sign an overtime agreement. Overtime must be voluntary, and employers cannot force employees to work overtime. The agreement must stipulate that the maximum daily working hours for employees shall not exceed 12 hours.
  • Overtime shall not exceed 10 hours per week.
  • Overtime shall not exceed 3 hours per day.

• Overtime pay:

  • Employers must pay employees at least 1.5 times regular wage as overtime pay or give them time-off-in-lieu.
  • A collective bargaining agreement may increase overtime to a maximum of 15 hours per week, or no more than 2 months within a 12-month period.
  • A collective agreement may increase overtime to 15 hours per week for up to two months in any period of 12 months.
  • An overtime agreement may stipulate compensatory time off (time-off-in-lieu) for overtime work:
  • Pay employees’ overtime pay and grant them at least a 30-minute break for every hour of overtime worked; or
  • Grant employees at least a 90-minute break for each hour of overtime that they worked.
• An employer must grant time-off-in-lieu within one month of the employee becoming entitled to it. An agreement in writing may increase the period contemplated to 12 months.
• Any agreement relating to overtime automatically terminates after one year.