Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 9 : Wholesale and Retail Sector, South AfricaPart H : General31. Overalls and protective clothing |
| (1) | An employer must provide free of charge— |
| (a) | at least two overalls or washing coats per year to an employee who is directly engaged in the selling or handling of foodstuffs, confectionery or groceries not pre-packed in sealed containers; |
| (b) | rain gear to employees who in the performance of his or her duties is regularly exposed to wet weather; |
| (c) | kneepads to an employee who scrubs or washes floors by hand. |
| (2) | Subject to sub-clause (3), an employer must maintain clothing supplied in terms of sub-clause (1) in a clean and serviceable condition at no cost to the employee. |
| (3) | If an employer who requires an employee to wear clothing hi terms of sub-clause (1) pays the employee an allowance of at least R2.60 per week per item, the employee is responsible for the maintaining, laundering and cleaning of the clothing. |
| (4) | Any clothing provided to an employee in terms of sub-clause (1) remains the property of the employer. |
| (5) | An employer may offer to supply an employee with one or more outfits of specified colour shade design or style on conditions not less favourable to the employee than the following— |
| (a) | the price paid by the employee may not exceed the cost to the employer, and |
| (b) | the employer may require the employee to wear the outfit at all times while on duty. If only one outfit has been supplied, this requirement does not apply while the outfit is being cleaned or repaired; |
| (c) | the employer may not prohibit the employee from wearing the outfit while off duty; |
| (d) | the employer must permit the employee to pay for each outfit supplied by means of at least four equal monthly deductions from the employee's remuneration. If the contract of employment is terminated before the full amount due by the employee for any outfit has been paid, the employer may deduct the balance due in one sum from any remuneration due to the employee on termination. |
| (6) | The offer referred to in sub-clause (5) must be in writing and must set out the conditions of the offer. Unless the employee accepts the offer in writing within seven days after receiving it, the employee is deemed to have rejected the offer. |
| (7) | An outfit referred to in sub-clause (6) becomes the property of the employee. |