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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

18. Payment for work on Sundays

 

(1) An employer must pay an employee who works on a Sunday at double the employee's wage for each hour worked, unless the employee ordinarily works on a Sunday, in which case the employer must pay the employee at one and one-half the employee‟s wage for each hour worked.

 

(2) If the payment calculated in terms of sub-clause (1) is less than the employee's daily wage, the employer must pay the employee, for the time worked on that Sunday, the employee's daily wage.

 

(3) Despite sub-clauses (1) and (2), an agreement may permit an employer to grant an employee who works on a Sunday paid time off equivalent to the difference in value between the pay received by the employee for working on a Sunday and the pay the employee is entitled to receive in terms of sub-clauses (1) and (2).

 

(4) An employee must grant paid time off in terms of sub-clause (3) within one month of the employee becoming entitled to it, alternatively—
(a) a written agreement may increase the period contemplated by sub-clause (4) for up to 12 months.

 

(5) Any time worked on a Sunday by employee who does not normally work on a Sunday is not taken into account in calculating an employee's ordinary hours of work in terms of clause 11, but is taken into account in calculating the overtime worked by the employee in terms of clause 12(1)(b).

 

(6) If a shift worked by an employee, who does not ordinarily work on a Sunday, falls on a Sunday and another day, the whole shift is deemed to have been worked on the Sunday, unless the greater portion of the shift was worked on the other day, in which case the whole shift is deemed to have been worked on the other day.