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

Sectoral Determinations

Sectoral Determination 7 : Domestic Worker Sector, South Africa

Part D : Hours of Work

15. Meal intervals

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(1)An employer must give a domestic worker who works continuously for more than five hours a meal interval of at least one continuous hour.

 

(2)During a meal interval, a domestic worker may be required or permitted to perform only duties that cannot be left unattended and cannot be performed by another domestic worker

 

(3)A domestic worker must be paid—
(a)for a meal interval in which the domestic worker is required to be available for work;
(b)for any portion of a meal interval that is in excess of 75 minutes, unless the domestic worker lives at the workplace.

 

(4)For the purpose of sub-clause (1), work is continuous unless it is interrupted by a meal interval in accordance with this clause.

 

(5)An agreement in writing may—
(a)reduce the meal interval to not less than 30 minutes;
(b)dispense with a meal interval for a domestic worker who works fewer than six hours on a day.

 

(6)Whenever an employer is required to give a domestic worker a second meal interval because of overtime worked, that interval may be reduced to not less than 15 minutes.