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

Chapter Two : Regulation of working time

6. Application of this Chapter


(1) This Chapter, except section 7, 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) employees who work less than 24 hours a month for an employer.


(2) Sections 9, 10(1), 14(1), 15(1), 17(2) and 18(1) do not apply to 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.


(3) The Minister must, on the advice of the Commission, make a determination that excludes the application of this Chapter or any provision of it to any category of employees earning in excess of an amount stated in that determination.


(4) Before the Minister issues a notice in terms of subsection (3), the Minister must—
(a) publish in the Gazette a draft of the proposed notice; and
(b) invite interested persons to submit written representations on the proposed notice within a reasonable period.