A quick summary of sectoral determination 13

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The following entails a short summary of the basic rights of employees earning below the earnings threshold, as regulated by the Basic Conditions of Employment Act, 1997 (Act 75 of 1997) as amended (BCEA).

Normal working hours

No employee may work more than 45 normal hours per week. An employee may not be required to work more than nine normal hours per day for a five-day week, or more than eight normal hours for a six-day or more week.

Overtime

Overtime is limited to ten hours per week, and no more than three hours per day. Payment for overtime is one and a half times the employee’s normal hourly rate.

Meal intervals

Employees must be granted a 60-minute meal interval after five consecutive working hours, which can be reduced to 30 minutes by agreement.

Work on a Sunday

If a farm worker works on a Sunday, the employee must be paid at twice the normal hourly rate. A written agreement to this effect must be in place. Payment is calculated according to the number of hours worked: Where the employee earns below the prescribed income threshold and works one hour or less, the employee must be paid an amount equal to four hours’ wages.

Where the employee works more than one hour but not more than two hours, the employee must be paid double the wage payable for the time worked, which is equivalent to four hours’ wages. Where the employee works more than two hours but not more than five hours, the employee must be paid the ordinary daily wage. Where the employee works more than five hours, the employee must be paid the greater of double the wage payable for the actual time worked or double the employee’s ordinary daily wage.

A farm worker who does not live on the farm and works on a Sunday must be regarded as having worked at least two hours on that day.

Public holidays

If a public holiday falls on a day on which the employee would normally work, an employer must pay employees who don’t work on the public holiday at least their ordinary daily wage. Employees who do work on the public holiday must be paid at least double the daily wage or their normal daily wage, plus an hourly rate for actual hours worked, whichever is the greatest. If an employee works on a public holiday and he/she normally would not work on this day, the employer must pay him/her an amount equal to his/her daily wage plus hourly wage for each hour worked on the public holiday.

Leave

• An employee is entitled to 21 consecutive days’ paid annual leave per cycle, or the parties can agree that annual leave will be calculated at one day’s paid leave for every 17 days worked.
• An employee is entitled to six weeks’ paid sick leave during each three-year cycle. In the first six months, an employee is entitled to one day’s paid sick leave for every 26 days worked.
• An employee employed for more than four months and working at least four days per week is entitled to three days’ paid family responsibility leave per year when the employee’s child is sick or the employee’s spouse, life partner, parents, adoptive parents, grandparents, child, adoptive child, grandchild, or sibling passed away.

Retirement age

Retirement age is not prescribed by law. Employers are encouraged to determine the applicable retirement age and include it in the employment contract or a policy. – Christiaan Swart, senior legal advisor, LWO Employers Organisation

For enquiries, send an email to christiaan@lwo.co.za or phone 071 485 3565.