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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Chapter Eight : Sectoral Determinations

56. Period of operation of sectoral determination


(1) The provisions of a sectoral determination remain binding until they are substituted or superseded by a new or amended sectoral determination, or they are cancelled or suspended by the Minister.


(2) If a collective agreement contemplated in section 55(6)(a) or (b) is concluded, the provisions of a sectoral determination cease to be binding upon employers and employees covered by the agreement.


(3) The Minister may, by notice in the Gazette
(a) cancel or suspend any provision of a sectoral determination, either in the sector and area as a whole or in part of the sector or in a specific area; or
(b) correct or clarify the meaning of any provision of a sectoral determination as previously published.


(4) Before publishing a notice of cancellation or suspension in terms of subsection (3)(a) the Minister must, by notice in the Gazette, announce the intention to do so, and allow an opportunity for public comment.