Department of Labour
28 May 2019
A determination in terms of section 50(8)(c) of the Basic Conditions of Employment Act has been made.
The labour department published the determination in Government Gazette 42474.
Section 50(8)(c) refers to applications made by employers to vary basic conditions of employment.
The determination focuses on sections 12(2)(b), 14(1), 15(1)(a) and 17(1) of the act.
The extent of the variation refers to average hours of work over the agreed period with an average of ten hours’ overtime per week; to dispense with a formal meal interval for on the basis that informal rest arrangements and opportunities to take sustenance, are made and existing meal arrangements with regards to employees in processing plants remain in place; to reduce the daily rest period to not less than eight hours for the purposes of rapid shift changeovers; and to ensure that shifts commencing at or after 04:00 are not regarded as night work.
The determination applies to gold employees employed by Minerals Council South Africa including “Category 4 to 8 employees”, “Miners and Artisans” and “Officials” working at AngloGold Ashanti, Harmony Gold Mining Company Ltd, Village Main Reef Ltd and Sibanye-Stillwater.
Some of the conditions on which the determination has been granted include that overtime is worked voluntary, rapid changeovers do not occur on more than two occasions per month per employee and the collective agreements in place are complied with.
The determination applies from 14 December 2018 to 30 September 2021.