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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination 11 : Taxi Sector

Part D : Hours of Work

14. Work on Sundays

 

(1) An employer must pay an employee who works on a Sunday—
(a) if the employee works for five hours or less, the employee's ordinary daily wage;
(b) if the employee works for more than five hours, one and a half times the employee's ordinary daily wage.

 

(2) Despite sub-clause (1), an agreement may permit an employer to grant an employee who works on a Sunday paid time off equivalent to the difference in value between the pay received by the employee for working on the Sunday and the pay that the employee is entitled to in terms of sub-clause (1).

 

(3) Any time worked on a Sunday by an employee who does not ordinarily work on a Sunday is not taken into account in calculating an employee's ordinary hours of work in terms of clause 11, but is taken into account in calculating the overtime worked by the employee in terms of clause 12.

 

(4) If a shift worked by an employee falls on a Sunday and another day, the whole shift is deemed to have been worked on the Sunday, unless the greater portion of the shift was worked on the other day, in which case the whole shift is deemed to have been worked on the other day.

 

(5)
(a) An employer must grant paid time off in terms of sub-clause (2) within one month of the employee becoming entitled to it.
(b) An agreement in writing may increase the period contemplated by paragraph (a) to 12 months.
(c) An agreement concluded in terms of paragraph (b) with an employee when the employee commences employment, or during the first three months of employment, is only valid for one year.