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

Sectoral Determinations

Sectoral Determination 4 : Clothing and Knitting Sector, South Africa

10. Averaging hours of work

 

(1) Exclusion: This clause shall not apply to an employee earning a wage in excess of the remuneration stipulated by the Minister in the determination made in Regulation 1438 published on 13 November 1998 or in any other determination in substitution thereof.

 

(2) Despite clause 7(2) and clause 7(7), the ordinary hours of work and overtime of an employee may be averaged over a period of up to four months in terms of a collective agreement.

 

(3) An employer may not require or permit an employee who is bound by a collective agreement in terms of subclause (2) to work more than—
(a) an average of 45 ordinary hours of work in a week over the agreed period;
(b) an average of five hours’ overtime in a week over the agreed period;

 

(4) A collective agreement in terms of subclause (2) lapses after 12 months.

 

(5) Subclause (4) only applies to the first two collective agreements concluded in terms of subclause (2).