Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 9 : Wholesale and Retail Sector, South AfricaPart D : Hours of Work9. Application of this part |
| (1) | This part does not apply to— |
| (a) | senior managerial employees; |
| (b) | employees engaged as sales staff who travel to the premises of customers and who regulate their own hours of work. |
| (c) | to an employee earning in excess of— |
| (i) | a wage of R205 433.30 per annum; or |
| (ii) | the amount determined by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act. |
| (2) | Clauses 11, 12(1), 16(1), 17(1) and 19(2) and (20) do not apply while an employee is engaged in emergency work. |
| (3) | For the purposes of this clause— |
| (a) | ‘senior managerial employee' means an employee who has the authority to hire, discipline and dismiss employees and to represent the employer internally and externally; |
| (b) | ‘emergency work' means work which is required to be done without delay owing to circumstances for which the employer could not reasonably have been expected to make provision and which cannot be performed by employees during their ordinary hours of work. |