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

Sectoral Determinations

Sectoral Determination 14 : Hospitality Sector, South Africa

Part G : Termination of Employment

32. 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 (the 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  15 years of age;

 

"day"

means, for the purposes of measuring hours of work, a period of 24 hours, measured from the time when a employee 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;

 

"incapacity"

means inability to work owing to sickness or injury;

 

"Minister"

means the Minister of Labour;

 

"month"

means a calendar month;

 

"monthly wage"

means an employee's weekly wage multiplied by four and a third;

 

"night work"

means work performed after 18:00 and before 06:00 the next day;

 

"ordinary hours of work"

means the hours of work permitted in terms of clause 9;

 

"overtime"

means the time that the employee 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 employee is entitled to in terms of Part E of this determination;

 

"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 excluding any gratuity or gift received from a customer for service rendered, made or owing to any person in return for that person working for any other person, including the State;

 

"trade of letting of flats, rooms or houses"

means the trade carried on by persons who carry on the business of letting flats, rooms or houses and includes the agents to who such persons entrust the letting of flats, rooms or houses and the employees of such agents who are employed exclusively in connection with such flats, rooms or houses;

 

"wage"

means the amount of money paid or payable to a employee in respect of ordinary hours of work or, if they are shorter, the hours a employee normally works in a day or week, excluding any gratuity or gift received from a customer for service rendered;

 

"week"

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

 

"workplace"

means any place where a employee works;

 

"worker"

has a corresponding meaning as "employee";