Basic conditions of employment

(things that an employer may

not “permit or require”…)
Dr. Kennedy Kariseb
Labour Law (LCLA 3651)
(PART C: HOURS OF WORK)
 Basic conditions of employment:
1) Each provision set out in Parts B to F of the Labour Act, 2007
2) Constitutes a term of any contract of employment or collective
agreement except to the extent that any law regulating the
employment of individuals provides a more favourable term to the
employee, including exemptions and varations made in terms of section
139 of the Labour Act,
“(section 9 (1) and (2) of the Labour Act, 2007)”
 Basic conditions of employment
(Sections 8-38 of the Labour Act):
• Remuneration
• Hours of Work
• Leave
Key conditions regulated by the • Accommodation
Labour Act, 2007: • Termination of Employment
 Basic Conditions of employment:

“If there is a conflict between the

provisions of Chapter 3 of the
Labour Act, 2007 and the
provisions of any other law, the Section 9 (3) of the Labour Act,
law that provides the more 2007
favorable terms and conditions for
the employee prevails to the
extent of the conflict”
 Part C: Hours of Work
Key elements regulated by the Labour
Act, 2007 concerning hours of work
(including exceptions):
1. Ordinary hours of work;
2. Overtime;
3. Meal Intervals;
4. Night Work;
5. Spread over and rest perid;
6. Work on Sundays; and
7. Work on Public Holidays
 Ordinary Hours of Work
• Employer must not require or
permit an employee to work
more than 45 hours in any given
week, and in any case, not more
than “General rule”
(a) nine (9) hours on any given day (section 16 (1))
(if the employee works for five days
or fewer in a week or
(b) eight (8) hours on any given day,
if the employee works for more
than five days in a week.
Exceptions to section 16 (1) ‘ordinary working hours:

Employee class exceptions:

(a) Security officers,
(60 hours in any given week, but (b) employees working in
not more than 12 hours on any emergency health care services or
given day if working for five days (c) an employee of a class
or fewer OR 10 hours on any given designated by the Minister of
day, if employee works for more Labour in terms of section 16 (5)
than 5 working days a week)
 Overtime:

“An employer must not require or

permit an employee to work “General Rule 1:”
overtime except in accordance
with an (collective) agreement (Section 17 (1))
BUT such an agreement must not
require an employee to work (section 17 (5) exception:
more than 10 hours overtime a employee working “urgent
week, and in any case, not more work”)
than three hours overtime a day.”
 Overtime:
“An employer must pay an
employee for each hour of
overtime worked at a rate at least
1,5 times the employees hourly
basic wage BUT, when an employee “General rule II:
who ordinarily works on a Sunday
or public holiday, works overtime (section 17 (2))”
on that Sunday or public holiday,
the employer must pay that
employee at a rate of at least
double the employees hourly basic
wage.”
 Meal Intervals:
(section 18)

“An employer must given an

employee who works “General Rule:
continuously for more than five
hours a meal interval of at least (section 18 (1) read with section
one hour and must not permit or 18 (3))”
require an employee to work
during a meal interval.”
 Meal Intervals (exceptions):
• 1) employer permitted to shorten meal
interval if employee agrees and employer
has given written notice to `executive
director of Labour ministry of that
agreement (s. 18 (2) (a) and (b))
• 2) a driver of a motor vehicle who does no
work other than remaining in charge of the
vehicle or its load during a meal interval (s.
18 (4) (b)) “Some general
• An employee engaged in urgent work (s. 18
(5) (a))
exceptions”
• Security officers (s. 18 (5) (b))
• an employee who works on a continuous
shift (s. 18 (5) (c))
 Night Work:

“An employer is entitled to an

additional payment of six percent “General Rule 1:
(6%) of that employees hourly
basic wage, excluding overtime, (section 19 (1))”
for each hour of work performed
by that employee between the
hours of 20h00 and 07h00.”
 Night Work:
“An employer must not require or
permit an employee, whom the
employer knows, or reasonably
ought to know, is pregnant , to “General Rule II:
perform any work, including (section 19 (2))”
overtime work, between hours of (period may be extended if a
20h00 and 07h00 during the medical practitioner certifies that
period of eight weeks before her it is necessary for the health of
expected date of confinement or the employee or her child—
eight weeks after her section 19 (3))
confinement.”
 Daily Spread over and Weekly rest
period:
“No employer may require or
permit an employee, other than
an employee who is performing
urgent work, to work a spread- “General Rule
over of more than 12 hours AND (section 20 (1) and (2))”
an employer must not require or
permit an employee, other than
an employee who is performing
urgent work, to work without a
weekly interval of at least 36
consecutive hours of rest.”
 Work on Sundays:
“An employer must not require or
permit and employee to perform
work on a Sunday… and an
employer must pay an employee “General Rule 1:
who works on Sunday double that Section 21 (1) and (6))”
employee’s hourly basic wage for
each hour worked, if that employee
grants that employee and equal
period of time away from work
during the next working weeks and
that employee agrees…”
 Work on Sundays:

“In a case of an employee who “General Rule II:

ordinarily works on Sunday, the (Section 21 (7))”
employer must pay the
employee’s daily remuneration (pay double that employees
plus the hourly basic wage for hourly basic wage for each hour
each hour worked.” worked)”
 Work on Sundays:
• General rule does not apply to an employer who
employs an employee for the purposes of:
• Urgent work
• Carrying on the business of a shop, hotel, boarding
house or hostel that lawfully operates on a Sunday;
• Performing domestic services in a private
household;
• Health and social welfare care and residential “Exceptions:
facilities, including hospitals, hospices, orphanages
and old age homes;
• Work on a farm required to be done on that day; (section 21 (2))”
• Work in which continuous shifts are worked;
• Any activity approved by the Executive Director of
the Ministry of Labour in terms of section 21 (4) of
the Labour Act, 2022
 Work on Public Holidays:
“An employer must not require or
permit and employee to perform
any work on a public holiday… and
if an employee who does not work “General Rule 1:
on a public holiday that falls on a (section 22 (1) and (7)”
day other than the employees
ordinary work day, the employer
must pay double that employee’s
hourly basic wage each hour
worked”
Work on Public Holidays:

“If a public holiday falls on a day on

which an employee would
ordinarily work, the employer must
either—
(a) Pay an employee no less than “General Rule II:
that employees daily
remuneration (Section 22 (5))”
(b) that employees daily
remuneration plus that
employees hourly basic wage
for each hour worked
 Work on Public Holiday:

“If any employee works on a

public holiday that falls on a day
other than the employees
ordinary work day, the employer “General Rule II:
must pay double that employees (section 22 (7))”
hourly basic wage for each hour
worked.”