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

Sectoral Determinations

Sectoral Determination 14 : Hospitality Sector, South Africa

Part A : Application

1. Scope of application
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(1)The determination applies to employers and employees engaged in the Hospitality Sector activities in the Republic of South Africa.

 

(2)Hospitality Sector means any commercial business or part of a commercial business in which employers and employees are associated for the purpose of carrying on or conducting one or more of the following activities for reward:
(a)providing accommodation in a hotel, motel, inn, resort, game lodge, hostel, guest house, guest farm or bed and breakfast establishment, including short stay accommodation, self-catering, timeshares, camps, caravan parks;
(b)restaurants, pubs, taverns, cafes, tearooms, coffee shops, fast food outlets, snack bars, industrial or commercial caterers, function caterers, contract caterers that prepare, serve or provide prepared food or liquid refreshments, other than drinks in sealed bottles or cans whether indoors or outdoors or in the open air, for consumption on or off the premises; and
(c)includes all activities or operations incidental to or arising from any of the activities mentioned in paragraphs (a) and (b).

 

(3)This determination does not apply to employers and employees who are:
(a)involved in the trade of letting of flats, rooms or houses;
(b)covered by another sectoral determination in terms of the Basic Conditions of Employment Act, 75 of 1997; or
(c)covered by a collective agreement of a bargaining council in terms of the Labour Relations Act; of 1995.

 

(4)The provisions of the Basic Conditions of Employment Act apply to all employees covered by this determination and their employers in respect of any matter that is not regulated by this sectoral determination.

 

(5)The provisions of the Ministerial Determination for Small Business apply to those employers employing less than 10 employees in respect of overtime, averaging of working hours, and family responsibility leave.