Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Ministerial DeterminationsMinisterial Determination 1: Small Business3. Averaging of Hours |
| (1) | Despite sections 9(1) and (2) and 10(1)(b) of the Basic Conditions of Employment Act, No. 75 of 1997, and clause 2 of this determination, 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 written agreement concluded by an employer and employee. |
| (2) | An employer may not require or permit an employee who is bound by an agreement in terms of subclause 1 to work more than— |
| (a) | an average of forty-five ordinary hours of work in a week over the agreed period; |
| (b) | an average of ten hours overtime in a week over the agreed period. |
| (3) | An agreement in terms of subclause 1 lapses after twelve (12) months. |