Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 7 : Domestic Worker Sector, South AfricaPart D : Hours of Work17. Payment for work on Sunday |
| (1) | An employer must pay a domestic worker who works on a Sunday— |
| (a) | at double the domestic worker's wage for each hour worked; or |
| (b) | if the work is part of the domestic worker's ordinary hours of work, at one and one half times the domestic worker's wage for each hour worked. |
| (2) | If the payment calculated in terms of sub-clause (1) is less than the domestic worker's daily wage, the employer must pay the domestic worker, for the time worked on that Sunday, the domestic worker's daily wage. |
| (3) | Despite sub-clauses (1) and (2), an agreement may permit an employer to grant a domestic worker who works on a Sunday paid time off equivalent to the difference in value between the pay received by the domestic worker for working on a Sunday and the pay the domestic worker is entitled to receive in terms of sub-clauses (1) and (2) at double the domestic worker's wage for each hour worked. |
| 1) |
| (a) | A domestic worker must grant paid time off in terms of sub-clause (3) within one month of the domestic worker becoming entitled to it. |
| (b) | An agreement in writing may increase the period contemplated by paragraph (a) for 12 months. |
| (5) | Any time worked on a Sunday by domestic worker who does not normally work on a Sunday is not taken into account in calculating a domestic worker's ordinary hours of work in terms of clause 10, but is taken into account in calculating the overtime worked by the domestic worker in terms of clause 11(1)(b). |
| (6) | If a shift worked by a domestic worker falls on a Sunday and another day, the whole shift is deemed to have been worked on the Sunday, unless the greater portion of the shift was worked on the other day, in which case the whole shift is deemed to have been worked on the other day. |