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

Sectoral Determinations

Sectoral Determination 1 : Contract Cleaning Sector, South Africa

13. Meal Intervals

 

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

 

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

 

(3) An employee must be remunerated—
(a) for a meal interval in which the employee is required to work or 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 employee lives on the premises at which the workplace is situated.

 

(4) For the purposes of subclause (1), work is continuous unless it is interrupted by an interval of at least 60 minutes.

 

(5) An agreement in writing may—
(a) reduce the meal interval to not less than 30 minutes;
(b) dispense with a meal interval for an employee who works fewer than six hours on a day.
(c) when on any day by reason of overtime worked an employer is required to give an employee a second meal interval, such interval may be reduced to not less than 15 minutes.