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

Sectoral Determinations

Sectoral Determination 13 : Farm Worker Sector, South Africa

Part G : Termination of Employment

35. What words mean in this determination
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(1)Any expression in this determination, which is defined in the Basic Conditions of Employment act and is not defined in this clause, has the same meaning as in the Act and—

 

"agreement"

includes a collective agreement;

 

"Basic Conditions of Employment Act"

means the Basic Conditions of Employment Act, 1997 (Act 75 of 1997)

 

"child"

means a person who is under 18 years of age;

 

"day"

means, for the purposes of measuring hours of work, a period of 24 hours, measured from the time when a farm worker normally commences work;

 

"dispute"

includes an alleged dispute;

 

"employee"

means—

(a)any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration; and
(b)any other person who in any manner assists in carrying on or conducting the business of an employer;

 

"farm worker"

means an employee who is employed mainly or wholly in connection with farming activities, and includes a domestic worker employed in a home on a farm and a security guard employed on a farm or other agricultural premises, excluding a security guard, employed in the private security industry;

 

"forestry sector"

refers to forestry operations related to the planting, growing, tending and harvesting of trees. Forestry operations end at the gate to the plantation;

 

"incapacity"

means inability to work owing to sickness or injury;

 

"ordinary hours of work"

means the hours of work permitted in terms of clause 11;

 

"overtime"

means the time that the farm worker works during a day or in a week in excess of ordinary hours of work;

 

"paid leave"

means any annual leave, paid sick leave or family responsibility leave that a farm worker is entitled to in terms of Part E of this determination;

 

"payment in kind"

means any payment other than cash made or owing to the farm worker, to a value agreed to in either a contract of employment, collective agreement , provided that the agreed value may not be less than the cost to the employer or farm owner of providing the payment in kind;

 

"public holiday"

means any day that is a public holiday in terms of the Public Holiday Act, 1994 (Act No. 36 of 1994);

 

"remuneration"

means any payment in money or in kind, or both in money and in kind, made or owing to any person in return for that person working for any other person, including the State;

 

"wage"

means the amount of money paid or payable to a farm worker in respect of ordinary hours of work or, if they are shorter, the hours a farm worker normally works in a day or week;

 

"week"

in relation to a farm worker, means the period of seven days within which the working week of that farm worker falls;

 

"work place"

means any place where farm worker works.