![]() 9 hours a day if a worker works 5 days or less a week.those doing emergency work are excluded from certain provisions.workers who work less than 24 hours a month.senior managers (those who can hire, discipline and dismiss workers).The Act applies to all workers and employers except members of the National Defence Force, National Intelligence Agency, South African Secret Service and unpaid volunteers working for charities. Variations of Basic Conditions of Employment.From leave days to the termination of your employment and more, here’s all you need to know about this Act. Medical examinations, pursuant to Article 22 of Law 31/1995, on occupational risk prevention : Regular monitoring of workers’ health, depending on the risks involved in their jobs, is mandatory for the employer and must be performed at the employer's cost.South African workers and employers enjoy many rights, thanks to the Basic Conditions of Employment Act. Information about this benefit (beneficiaries, requirements, amount, duration, causes for cancellation, processing and documents, etc.) is set out in the Labour Guide and on the Social Security website. ![]() Situations that are also considered determining factors in temporary incapacity include observation periods due to occupational diseases in which the worker is declared unfit to work. This is a situation in which a worker is temporarily unable to work due to a common or occupational disease or an accident, whether or not work-related, while they receive medical care covered by the Social Security system. The holiday period or periods will be established based on mutual agreement between the employer and the employee. The annual paid holiday period, which may not be replaced by economic compensation, will be no less than 30 calendar days. These issues are regulated in Article 38 of the Workers’ Statute. Prenatal check-ups and preparation for childbirth. Performing trade union duties, in legal and conventional terms. Time required for discharging inexcusable, public and personal duties. of first-degree or second-degree relatives: 2 days. Paid leave, absence from work subject to prior notice and justification, for particular reasons.ĭeath, accident, serious illness, hospitalisation, etc. Weekly rest: one day and a half, which may be accumulated over a period of 14 days. These issues are regulated in Article 37 of the Workers’ Statute. The daily record of hours worked is used to calculate it. Time spent working to prevent or remedy incidents and other extraordinary and urgent damage is not considered overtime. It is compensated for either in the pay cheque (at least as normal working hours) or by rest periods over the next 4 months. It is voluntary, except if a collective agreement exists. This is working time that exceeds normal working hours. They are also set out in the Labour Guide. These issues are regulated in Article 35 of the Workers’ Statute. There are stricter rules for night work and shift work ( Article 36 of the Workers’ Statute ). Īdaptations are also possible to ensure a family-work life balance. See Royal Decree 1561/1995 of 21 September on special working hours. There are adaptations for certain activities. The company must keep a daily record of hours worked. Working hours can be distributed on an irregular basis pursuant to the collective agreement. There are limits that afford greater protection for workers between 16 and 18 years of age. Maximum of normal working hours per day: 9 hours.Īfter 6 hours of continuous work, you must take a break of 15 minutes. Rest period between one working day and the next: 12 hours. The following issues are also set out in the Labour Guide :ĭuration established in collective agreement: Maximum of 40 hours of effective work (weekly average in one year). These issues are regulated in Article 34 of the Workers’ Statute. They may be specified in collective agreements. The law establishes conditions and limits and the regulations apply these.
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