Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 9 : Wholesale and Retail Sector, South AfricaPart D : Hours of Work11. Ordinary hours of work |
| (1) | An employer may not require or permit an employee to work more than— |
| (a) | 45 ordinary hours in any week; or |
| (b) | if an agreement has been concluded in terms of sub-clause (3), 40 ordinary hours in any week. |
| (2) | An employer may not require or permit an employee to work more than— |
| (a) | nine ordinary hours on any day if the employee works for five days or less in a week; or |
| (b) | eight ordinary hours in any day if the employee works on more than five days in any week. |
| (3) | A written agreement may provide that an employee who works 40 or less ordinary hours of work per week including a Sunday is employed on the following terms and conditions— |
| (a) | the employer must grant the employee at least— |
| (i) | two full days off during every week; and |
| (ii) | one Sunday off during every four consecutive weeks; |
| (b) | the employer may only require or permit an employee to work on a day off granted in terms of paragraph (a) in terms of an agreement in respect of a particular day; |
| (c) | the employer must pay the employee for work on a day off granted in terms of paragraph (a) at least— |
| (i) | double the employee's wage for each hour worked; or |
| (ii) | if it is greater, the employee's daily wage; |
| (d) | clause 17(1)(b) regulating the weekly rest period and clause 18 regulating payment for work on Sunday do not apply to the employee. |
| (4) | An employee's ordinary hours of work in terms of sub-clause (1) may by agreement be extended by up to 15 minutes in a day but no more than 60 minutes in a week to enable an employee whose duties include serving members of the public to continue performing those duties after the completion of ordinary hours of work. |