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

Sectoral Determinations

Sectoral Determination 13 : Farm Worker Sector, South Africa

Part D : Hours of Work

18. Meal intervals

 

(1) An employer must give a farm worker who works continuously for more than five hours, a meal interval of at least one continuous hour.

 

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

 

(3) A farm worker must be paid—
(a) for a meal interval in which the farm worker 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 farm worker lives on the farm or at the workplace.

 

(4) For the purpose of sub-clause (1), work is continuous unless it is interrupted by a meal interval in accordance with this clause.

 

(5) An agreement in writing may—
(a) reduce the meal interval to not less than 30 minutes; and
(b) dispense with a meal interval for a farm worker who works fewer than six hours on a day.

 

(6) Whenever an employer is required to give a farm worker a second meal interval because of overtime worked, that interval may be reduced to not less than 15 minutes.