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

Sectoral Determinations

Sectoral Determination 9 : Wholesale and Retail Sector, South Africa

Part D : Hours of Work

11. Ordinary hours of work

 

(1) An employer may not require or permit an employee to work more than—
(a) 45 ordinary hours in any week; or
(b) if an agreement has been concluded in terms of sub-clause (3), 40 ordinary hours in any week.

 

(2) An employer may not require or permit an employee to work more than—
(a) nine ordinary hours on any day if the employee works for five days or less in a week; or
(b) eight ordinary hours in any day if the employee works on more than five days in any week.

 

(3) A written agreement may provide that an employee who works 40 or less ordinary hours of work per week including a Sunday is employed on the following terms and conditions—
(a) the employer must grant the employee at least—
(i) two full days off during every week; and
(ii) one Sunday off during every four consecutive weeks;
(b) the employer may only require or permit an employee to work on a day off granted in terms of paragraph (a) in terms of an agreement in respect of a particular day;
(c) the employer must pay the employee for work on a day off granted in terms of paragraph (a) at least—
(i) double the employee's wage for each hour worked; or
(ii) if it is greater, the employee's daily wage;
(d) clause 17(1)(b) regulating the weekly rest period and clause 18 regulating payment for work on Sunday do not apply to the employee.

 

(4) An employee's ordinary hours of work in terms of sub-clause (1) may by agreement be extended by up to 15 minutes in a day but no more than 60 minutes in a week to enable an employee whose duties include serving members of the public to continue performing those duties after the completion of ordinary hours of work.