Shift Change Agreement

The employer must take into account his need to change the shiftwork schedules in respect of that worker and must have proof that he has to change the shiftwork schedules. If there is a less discriminatory way to achieve the employer`s objective, any change in job model is likely indirect discrimination on the basis of sex. Hello, could you give more information? What does your team change contract say? Is it only you who are subject to this change? What is the underlying explanation? Hello Brenda, the article they commented on describes your rights and it depends on what is stipulated in your contract. Are your diapers subject to changes for commercial reasons, etc.? You need to carefully examine the text. How long have you worked in the position where you are now? If you are a member of a union, if so, contact your union representative. `Subject to the employer`s right to fix from time to time the daily working time of daily workers in the hourly distribution referred to in clause 36.2 (c) and the employer`s right to fix from time to time the time of arrival and end of shifts, the definition of normal working time shall be made by mutual agreement between the employer and the majority of the workers in the undertaking or party. of the undertaking concerned. This does not prevent the employer from agreeing with the workers on how to organise their working hours. In other words, the FWA decided that the clause should not be interpreted in such a way that a worker either as a shift worker or as a day worker. Instead, it held that the question of which category a worker fits into depended on his or her employment agreements, not on how he might be called (i.e., shiftworkers or day workers).

The cases of Cape Clothing Association v Southern African Clothing and Textile Workers Union &another (2012) 21 LC 9.5.1 and [2012] 6 BLLR 552 (LC) also examined the interpretation of a collective agreement relating to terms and conditions of employment, in particular as regards Article 64(4) of the LRA. After the parties had not agreed on the importance of a collective agreement regulating annual leave and the amount of annual leave, the union referred a dispute to the Council of Collective Agreements, in which it argued that the applicant had unilaterally changed the working conditions of its members and threatened to strike if the plaintiff claimed the leave to which the union members were entitled, was not granted….