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my staff are abusing there lunch and tea times at work. I have…

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my staff are abusing there...
my staff are abusing there lunch and tea times at work. I have now stated that all staff are to clock out and in when on both tea and lunch. The shop stewrds have returned saying that they will not do that and if i want this process to happen we must discuss it at a national level. Is this correct or can i continue with my way of using the clocking machine?
Submitted: 8 years ago.Category: South Africa Law
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Answered in 8 minutes by:
7/2/2010
Lawyer: WCLawyer, Attorney replied 8 years ago
WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15,603
Experience: L.LB (UOVS)
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In my opinion, you are well within your right to do so. The Basic Conditions of Employment Act does not prohibit you from requesting them to clock on and off when going on lunch or tea breaks. It merely states that a break should be given. Asking them to clock in and out is not an alteration of their benefits and in my opinion, there is nothing to discuss.

Section 14 of the Basic Conditions of Employment Act:

14. Meal intervals.—(1) An employer must give an employee who works continuously for more than five hours a meal interval of at least one continuous hour.

(2) During a meal interval the employee may be required or permitted to perform only duties that cannot be left unattended and cannot be performed by another employee.

(3) An employee must be remunerated—

(a)for a meal interval in which the employee is required to work or is required to be available for work; and

(b)for any portion of a meal interval that is in excess of 75 minutes, unless the employee lives on the premises at which the work-place is situated.

(4) For the purposes of subsection (1), work is continuous unless it is interrupted by an interval of at least 60 minutes.

(5) An agreement in writing may—

(a)reduce the meal interval to not less than 30 minutes;

(b)dispense with a meal interval for an employee who works fewer than six hours on a day.


You are not seeking to reduce their break time that you have agreed upon. The meal interval is in any case unpaid, so there is not infringement of rights.

Introduce the policy and if they do not abide, follow disciplinary steps. If they want to take it up with their union or with the bargaining council, they are going to have a hard time proving that it is an unfair labour practice.

In my opinion, your shop steward is taking a long chance.
WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15,603
Experience: L.LB (UOVS)
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