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

Sectoral Determinations

Sectoral Determination 11 : Taxi Sector

Part D : Hours of Work

13. Payment of overtime


(1) An employer must pay an employee at least one and one-half times the employee's wage for overtime worked.


(2) Despite sub-clause (1), an agreement may provide for an employer to—
(a) pay an employee not less than the employee's ordinary wage for overtime worked and grant the employee at least 30 minutes time off on full pay for every hour of overtime worked; or
(b) grant an employee at least 90 minutes paid time off for each hour of overtime worked.


(3) An employer must grant paid time off in terms of sub-clause (2) within one month of the employee becoming entitled to it.


(4) An agreement in writing may increase the period contemplated by sub-clause (3) to twelve months.


(5) An agreement concluded in terms of sub-clause (4) with an employee when the employee commences employment, or during the first three months of employment, is only valid for one year.


(6) Any overtime worked on a Sunday or public holiday must be paid in accordance with the provisions for Sundays and public holidays in clauses 14 and 15.