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

Sectoral Determinations

Sectoral Determination 7 : Domestic Worker Sector, South Africa

Part D : Hours of Work

14. Standby

 

(1) For the purposes of this clause, 'standby' means any period between 20:00 and 06:00 the next day when a domestic worker is required to be at the workplace and is permitted to rest or sleep but must be available to work if necessary.

 

(2) An employer may only require or permit a domestic worker to be on standby if it is agreed in writing and if the domestic worker is compensated by the payment of an allowance of at least R30,00 per shift.

 

(3) An employer may not require or permit a domestic worker to be on stand by more than five times per month or 50 times per year.

 

(4) An employer may only require or permit a domestic worker to perform work which is required to be done without delay.

 

(5) An employer must pay a domestic worker for any time worked during any period of standby at—
(a) the domestic worker's overtime rate calculated in terms of clause 12(1); or
(b) grant the domestic worker paid time-off in terms of clauses 12(2) and (3).