Labor law advice needed

[Debbie]

If your contract doesn't have anything in there to contradict the labor law, the labor law comes into effect by default.

Debbie, not everyone can interpret that website. I had to ask my dad a few times to help me with some of the rules.

Fair enough, but if that was the case he should have responded with "I have read the part of the Act about working hours and I can't find anything..." instead of: "you're wrong, I've done my homework, you didn't read my question, here I'll shout it out for you, now thank you for nothing."

 

[superB]

Fair enough, but if that was the case he should have responded with "I have read the part of the Act about working hours and I can't find anything..." instead of: "you're wrong, I've done my homework, you didn't read my question, here I'll shout it out for you, now thank you for nothing."

+1

 

[Waaib]

Pirates have feelings too!

 

[Debbie]

Pirates have feelings too!

Damn straight Waaib! This pirate is oversensitive to top it off!

 

[hashbrown99]

Fair enough, but if that was the case he should have responded with "I have read the part of the Act about working hours and I can't find anything..." instead of: "you're wrong, I've done my homework, you didn't read my question, here I'll shout it out for you, now thank you for nothing."

Debbie, is your head still attached to your shoulders after that little outburst?

Or, it could be possible youre entirely wrong.
Yes i read the basic act long before i came here.
Yes i have searched amendments and industry specific additions over and over.

And no, NOWHERE that i can find is there ANY stipulation on (you might want to pay attention to my original question)

CONTINUOUS DAYS OF WORK.

CONTINUOUS
DAYS

But thank you for nothing anyway, Debbie.

At the risk of been taken apart like Debbie have you actually spoken to your managers in a reasonable manner about this? It could be an oversight or it could be due to operational needs.

For the record I also work in retail and some contracts specifically state that staffing is according to business needs which unfortunately causes situations like yours.

If the situation can't be fixed either with your managers or via the legal route you have two choices: put up with it or quit

 

[wheunis]

At the risk of been taken apart like Debbie have you actually spoken to your managers in a reasonable manner about this? It could be an oversight or it could be due to operational needs.

For the record I also work in retail and some contracts specifically state that staffing is according to business needs which unfortunately causes situations like yours.

If the situation can't be fixed either with your managers or via the legal route you have two choices: put up with it or quit

Have spoken to my managers to which they simply compounded: "We gave you the day off as we should, and that's that."

Everyone i speak to, even DoL direct, misses my question entirely.

An employer must allow an employee--
a) a daily rest period of at least twelve consecutive hours between ending and recommencing work; and
b) a weekly rest period of at least 36 consecutive hours which, unless otherwise agreed, must include Sunday.

This means nothing towards my question.
I am not concerned about getting enough off days or rest per week.

what i AM concerned about is working 11 consecutive without a break.
My question is (stripped naked) : How many consecutive days of work is allowed?

As the law says that working weeks may be compressed over 4 months. Does this effectively mean they can force me to work 3 weeks without a break, as long as they give 3 days off after it?

I say again, for clarification...

How many consecutive days of work without weekend/day off is allowed?

 

[Debbie]

*bangs head*

How do you work the maths to make 11 days fit into seven?

Wheunis, I suggest you calm down. Your answers are right in front of you but you're too emotional to see.

 

[Pitbull]

I have the best advice anyone can give you.

Resign and get out of retail
Get a day job mate

 

[LancelotSA]

OK, wheunis, you seem to be great at "talking" (typing) but not so great at "listening" (reading).

My earlier post already outlines this but let me do it again for you. It can also be read about in Chapter 2 of the BCEA here. I will take the effort of pasting the relevant sections here, so please take the time to read them :

Regulation of working time
7. Every employer must regulate the working time of each employee—
(a) in accordance with the provisions of any Act governing occupational health and safety;
(b) with due regard to the health and safety of employees;
(c) with due regard to the Code of Good Practice on the Regulation of Working
Time issued under section 87(1)(a); and
(d) with due regard to the family responsibilities of employees

So although this act lays out guidelines it is important that the employees health, well being etc is taken into account.

Ordinary hours of work
9. (1) Subject to this Chapter, an employer may not require or permit an employee to work more than—
(a) 45 hours in any week; and
(b) nine hours in any day if the employee works for five days or fewer in a week; or
(c) eight hours in any day if the employee works on more than five days in a week.
(2) An employee’s ordinary hours of work in terms of subsection (1) may by
agreement be extended by up to 15 minutes in a day but not more than 60 minutes in a week to enable an employee whose duties include serving members of the public to continue performing those duties after the completion of ordinary hours of work.


Overtime
10. (1) Subject to this Chapter, an employer may not require or permit an employee—
(a) to work overtime except in accordance with an agreement;
(b) to work more than—
(i) three hours’ overtime a day; or
(ii) ten hours’ overtime a week.

So this section limits the weekly hours of work to 45 hours and states that overtime over and above this be limited to 10 hours a week.

Daily and weekly rest period
15. (1) An employer must allow an employee—
(a) a daily rest period of at least twelve consecutive hours between ending and recommencing work; and
(b) a weekly rest period of at least 36 consecutive hours which, unless otherwise agreed, must include Sunday.
(2) A daily rest period in terms of subsection (1)(a) may, by written agreement, be reduced to 10 hours for an employee—
(a) who lives on the premises at which the workplace is situated; and
(b) whose meal interval lasts for at least three hours.
(3) Despite subsection (1)(b), an agreement in writing may provide for—
(a) a rest period of at least 60 consecutive hours every two weeks; or
(b) an employee’s weekly rest period to be reduced by up to eight hours in any week if the rest period in the following week is extended equivalently.

So an agreement can allow for a 60 consecutive hours rest every two weeks. So in answering your question, the law allows for you to work for 12 days and then get given two days off but then the over the following two week period you must be given three days off.

 

[hashbrown99]

*bangs head*

How do you work the maths to make 11 days fit into seven?

Wheunis, I suggest you calm down. Your answers are right in front of you but you're too emotional to see.

*Bangs head with you.*

Wheunis I know you're frustrated and tired but try to focus

a weekly rest period of at least 36 consecutive hours which, unless otherwise agreed, must include Sunday

How many days before Sunday?

I quote from the following link:

http://www.labourguide.co.za/section_retail.htm

PART D : HOURS OF WORK

APPLICATION OF THIS PART

10. (1) This part does not apply to –
(a) senior managerial employees;
(b) employees engaged as sales staff who travel to the premises of customers and who regulate their own hours of work.
(c) to an employee earning in excess of –
(i) during the first nine months after the sectoral determination becomes effective, a wage of R56 000 per annum; and
(ii) thereafter, the amount determined by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act.
(2) Clauses 12, 13(1) , 17(1) , 18(1) and 20(2) and 21 do not apply while an employee is engaged in emergency work.
(3) For the purposes of this clause –
(a) ‘senior managerial employee’ means an employee who has the authority to hire, discipline and dismiss employees and to represent the employer internally and externally;
(b) ‘emergency work’ means work which is required to be done without delay owing to circumstances for which the employer could not reasonably have been expected to make provision and which cannot be performed by employees during their ordinary hours of work.

If you fall under 10a, 10b or 10c - sorry

REST PERIODS

18. (1) An employer must grant an employee –
(a) a daily rest period of at least twelve consecutive hours between ending work and starting work the next day;
(b) weekly rest period of at least 36 consecutive hours which, unless otherwise agreed, must include a Sunday.
(2) A daily rest period in terms of sub-clause (1)(a) may, by written agreement, be reduced to 10 hours for an employee –
(a) whose meal interval lasts for at least three hours.
(3) Despite sub-clause (1)(b), a written agreement may provide for a rest period of at least 60 consecutive hours every second week.

What does your contract say?

 

[Waaib]

Have spoken to my managers to which they simply compounded: "We gave you the day off as we should, and that's that."

This says everything we need to know about this topic. Somewhere between the management and the staff is a signal that you should be looking for another place to work.