(DRAFT) NIGHT WORK, SHIFT WORK AND STANBY ALLOWANCES POLICY

  1. PURPOSE

The purpose of this policy is to provide for and compensate employees who perform Night, Shift and Standby work in the Ga-Segonyana Local Municipality and put into effect the Conditions of Service as agreed in the Collective Agreement on Conditions of Service, SALGBC Northern Cape Division, of 16 May 2011.

  1. DEFINITIONS

“night work” means work performed after 18h00 and before 06h00 the next day;

“shift work” refers to work in excess of fourty (40) working hours per week;

“shift allowance” means a non-pensionable allowance, which shall be paid to employees who do shift work on a regular basis.

“standby” is a written instruction to an employee (who can be relied on when needed) to be on standby, because of the possibility of unplanned and unpredictable or emergency work that may be undertaken outside normal working hours.

  1. LEGAL FRAMEWORK
  • Basic Condition of Employment Act, No. 75 of 1997.
  • Collective Agreement on Conditions of Service, SALGBC Northern Cape Division, of 16 May 2011.

In case of conflict between this policy and the provisions of the Collective Agreement on the Conditions of Service, the provisions of the Collective Agreement will prevail.

  1. ALLOWANCES
  2. NIGHT WORK ALLOWANCE
  3. In terms of Section 17(2) of the Basic Conditions of Employment Act, No. 75 of 1997, an employer may only require or permit an employee to perform night work, if so agreed, and;
  • the employee is compensated by the payment of an allowance; and
  • transportation is available between the employee’s place of residence and the workplace at the commencement and conclusion of the employee’s shift.
  • When it is required of an employee to perform work on a regular basis after 18h00 and before 06h00 the next day, a manager must:
  • Inform the employee in writing or orally if the employee is not

able to understand a written communication in a language that the employee understands:

  1. of any health and safety hazards associated with the work that the employee is required to perform; and
  2. of the employee’s right to undergo a medical examination in terms of clause iii.
  3. at the request of an employee, enable the employee to undergo a medical examination, for the account of the employer, concerning those hazards-
  4. before the employee starts, or within reasonable period of employee starting such work and at appropriate intervals while the employee continues to perform such work; and at appropriate intervals while the employee continues to perform such work; and
  5. transfer the employee to suitable day work within a reasonable time if :
  • the employee suffers from a health condition associated with the performance of night work; and
  • It is practicable for employer to do so.
  • In terms of Section 17 (3) of the Basic Condition of Employment Act, No. 75 of 1997, an employee is deemed to be performing night work on a regular basis if the employee works for a period of longer than one hour after 23h00 and before 06h00 for at least five (5) times per month or 50 times per year.
  • Night Work Compensation

Night work allowance to be calculated as follows:

Hourly rate (annual pensionable salary ÷ 250 ÷ 8) x actual number of hours of night work on weekdays.

Saturday 1.5 (1½) hourly rate and Sundays and Public Holidays 2 x hourly rate.

4.1.5.Only employees, whose working hours fall between 18h 00 and 06h 00 the next day, shall qualify for a night work allowance in addition to the shift allowance.

4.2.SHIFT ALLOWANCE

4.2.1.The allowance is equal to 20% of employees annual basic salary and is payable monthly.

4.2.2.The allowance shall be increased annually in conjunction with the salary increases.

4.3.STANDBY ALLOWANCE

4.3.1.Where the Council requires an employee to be available for the performance of duty outside his normal working hours, the employee shall be entitled to a standby allowance.

4.3.2.Standby allowance is payment as a result of having worked standby and requested to as such.

4.3.3.Standby duty is subject to prior written approval by a Department Manager or Supervisor and no standby may be worked without such written approval being obtained. The Department Manager or Supervisor may give verbal approval to the working of such standby provided such approval is followed-up with a written confirmation.

4.3.4.Standby duty only commences after completion of an employee’s ordinary daily working hours.

4.3.5.Standby duty will strictly be for unplanned, unknown, unforeseen and emergency work and would be approved only for certain categories of employees agreed upon by the specific Department as employees authorized to be working standby.

4.3.6.Standby duty is subject to the provisions of the Collective Agreement on Conditions of Service, and the provisions of this policy.

4.3.7.Standby Compensation

4.3.7.1.An employee who makes himself available on a standby basis

outside normal working hours shall be entitled to a standby allowance from Monday to Friday.

4.3.7.2.The standby allowance shall not affect or be affected by any

remuneration for overtime worked by the employee during the period of standby duty, i.e. an employee on standby duty called out to perform actual work shall be paid at the appropriate rate of overtime as determined for in the Basic Conditions of Employment Act, No. 75 of 1997.

4.3.7.3.The standby allowance shall be equal to:

Hourly rate (annual pensionable salary ÷ 250 ÷ 8 x 8.50) x the number of weeks on standby.

  1. IMPLEMENTATION, MONITORING AND EVALUATION
  2. Municipal Manager

The Municipal Manager is responsible for implementing, monitoring and evaluating the standby allowance policy.

5.2.Managers of the various Departments

Each Manager of Department is responsible for ensuring that the stipulations of this policy are being adhered to within his/her department. Deviations from the policy stipulations should be reported to the Municipal Manager with immediate effect.

5.3.Employees of the Municipality

The employees should at all times ensure that the stipulations of this policy are being adhered to. Deviations from the policy stipulations by any other employee or third party should be reported to the relevant Manager of Department with immediate effect.

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