Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 13 : Farm Worker Sector, South AfricaPart D : Hours of Work16. Work on Sundays |
| (1) | An employer must pay a farm worker who works on a Sunday in accordance with the following table: |
Time worked on a Sunday |
Payment |
One hour or less |
Double the wage for one hour |
More than one hour but not more than two hours |
Double the ordinary wage for time worked |
More than two hours but not more than five hours |
The ordinary daily wage |
More than five hours |
The greater of double the wage payable in respect of time worked (excluding overtime) or double the ordinary daily wage |
| (2) | For the purposes of sub-clause (1), a farm worker who does not reside on the employer’s farm who works on a Sunday must be regarded as having worked at least two hours on that day. |
| (3) | Any time worked on a Sunday by a farm worker is not taken into account in calculating a farm worker’s ordinary hours of work in terms of clause 11, but is taken into account in calculating the overtime worked by the farm worker in terms of clause 13. |
| (4) | If a shift worked by a farm worker 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. |