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

Sectoral Determinations

Sectoral Determination 6 : Private Security Sector, South Africa

8. Compensation for work on a Sunday
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(1)An employer must pay an employee who works on a Sunday at double the employee's salary for each hour worked, unless the employee ordinarily works on a Sunday, in which case the employer must pay the employee at one and one and a half times the employee's salary for each hour worked.

 

(2)If an employee works less than the employee's ordinary shift on a Sunday and the payment that the employee is entitled to in terms of sub clause (1) is less than the employee's ordinary daily salary, the employer must pay the employee the employee's ordinary daily salary.

 

(3)Despite sub clauses (1) and (2), an agreement may permit an employer to grant an employee who works on a Sunday paid time off equivalent to the difference in value between the pay received by the employee for working on the Sunday and the pay that the employee is entitled to in terms of sub clauses (1) and (2),

 

(4)An employer must grant paid time off in terms of sub clause (3) within one month of the employee becoming entitled to it.

 

(5)An agreement in writing may increase the period contemplated by sub clause (4) to 12 months.

 

(6)Compensation to a casual employee for work on a Sunday:
(a)Whenever a casual employee works on a Sunday, the employer shall pay the employee in respect of the total period worked by the employee on such day an amount calculated at a rate of not less than double the hourly wage prescribed for a full-time employee in the same area who performs the same class of work as the casual employee is required to do.

Provided that where the employer requires a casual employee —

(i)to perform the work of a class of employee for whom salaries on a rising scale is prescribed, the expression "hourly wage' shall mean the hourly equivalent for a qualified employee of that class as calculated in term of clause 3(4);
(ii)to work for less than four hours on such a day, an employee shall be deemed to have worked for four hours.

 

(7)Payment:

 

The remuneration payable in terms of this clause to an employee, other than a casual employee, a ship security officer or a cargo security officer, shall be paid to the employee not later than the normal pay-day immediately after the day in respect of which such remuneration is payable.