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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 A : Application

1. Scope of application

 

(1) The determination applies to the employment of farm workers in all farming activities in the Republic of South Africa.

 

(2) Without limiting its meaning, ‘farming activities’ includes primary and secondary agriculture, mixed farming, horticulture, aqua farming and the farming of animal products or field crops excluding the Forestry Sector.

 

(3) For the purposes of this determination, a farm worker includes—
(a) a domestic worker employed in a home on a farm ;
(b) a security guard employed to guard a farm or other premises where farming activities are conducted, who is not employed in the private security industry; and

 

(4) Subject to clause (3), this determination does not apply to any person employed in activities covered by another sectoral determination or by a bargaining council agreement in terms of the Labour Relations Act, 1995.

 

(5) The provisions of the Basic Conditions of Employment Act apply to all farm workers covered by this determination and their employers in respect of any matter that is not regulated by this sectoral determination.